[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Notices]
[Pages 9958-9959]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3880]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R4-ES-2011-N195; FXES11150400000F4-123-FF04E00000]
Spring Pygmy Sunfish Candidate Conservation Agreement With
Assurances; Receipt of Application for Enhancement of Survival Permit;
Beaverdam Springs, Limestone County, AL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the Fish and Wildlife Service (Service), have received an
application from Mr. Banks Sewell of Belle Mina Farm Ltd. (applicant)
for an enhancement of survival permit (permit) under the Endangered
Species Act of 1973, as amended (Act). The permit application includes
a proposed candidate conservation agreement with assurances (CCAA),
between the applicant, the Land Trust of Huntsville and North Alabama,
and the Service for the spring pygmy sunfish. The CCAA would be
implemented at the Beaverdam--Moss Creek/Spring Complex within
Limestone County, Alabama. We have made a preliminary determination
that the proposed CCAA and permit application are eligible for
categorical exclusion under the National Environmental Policy Act of
1969 (NEPA). The basis for this preliminary determination is contained
in a draft environmental action statement (EAS). We are accepting
comments on the permit application, the proposed CCAA, and the draft
EAS.
DATES: We must receive comments no later than March 22, 2012.
ADDRESSES: Persons wishing to review the application, the draft CCAA,
and the draft EAS may obtain copies by request from Daniel Drennen,
Mississippi Field Office, by phone at 601-321-1127, or via mail or
email (see below). The application and related documents will also be
available for public inspection, by appointment only, during normal
business hours (8 a.m. to 4:30 p.m.) at the Jackson, Mississippi, Field
Office (address listed below) or on our Web site at http://www.fws.gov/mississippiES/endsp.html.
Comments concerning the application, the draft CCAA, and the draft
EAS should be submitted in writing, by one of the following methods:
Email: daniel_drennen@fws.gov.
Fax: 601-965-4340.
U.S. mail: Daniel Drennen, Mississippi Field Office, U.S. Fish and
Wildlife Service, 6578 Dogwood View Parkway, Jackson, MS 39213.
Please refer to Permit number TE-40219A-0 when submitting comments.
FOR FURTHER INFORMATION CONTACT: Daniel Drennen, Fish and Wildlife
Biologist, Mississippi Field Office, 601-321-1127. If you use a
telecommunications device for the deaf (TDD), you may call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION: We furnish this notice to provide the
public, other State and Federal agencies, and interested Tribes an
opportunity to review and comment on the permit application, including
the draft CCAA and draft EAS. We specifically request information,
views, and opinions from the public on the proposed Federal action of
issuing a permit. Further, we solicit information regarding the
adequacy of the permit application, including the proposed CCAA, as
measured against our permit issuance criteria found in the Code of
Federal Regulations (CFR) at 50 CFR 17.22(d) and 17.32(d).
Background
Under a Candidate Conservation Agreement with Assurances,
participating landowners voluntarily undertake management activities on
their property to enhance, restore, or maintain habitat benefiting
species that are proposed for listing under the Act, candidates for
listing, or that may become candidates or proposed for listing.
Candidate Conservation Agreements with Assurances (CCAAs), and the
associated permits we issue under section 10(a)(l)(A) of the Act (16
U.S.C. 1531. et seq.), encourage private and other non-Federal property
owners to implement conservation efforts for species by assuring
property owners that they will not be subjected to increased land use
restrictions if that species becomes listed under the Act in the future
provided certain conditions are met. Application requirements and
issuance criteria for permits through CCAAs are found in the Code of
Federal Regulations (CFR) at 50 CFR 17.22(d) and 17.32(d). See also our
policy on CCAAs (64 FR 32 726; June 17, 1999).
The conservation of the spring pygmy sunfish (Elassoma alabamae) is
of concern to the Service, other biologists, and the landowners whose
properties contain the species. The spring pygmy sunfish is a spring-
associated fish, endemic to the Tennessee River drainage of Lauderdale
and Limestone Counties in northern Alabama. The species historically
occurred in three distinct spring complexes (Cave Springs, Lauderdale
County; Beaverdam Springs and Pryor Springs, Limestone County). The
single remaining population of this species occupies about 5 river
miles (mi) (8.05 river kilometers (km)) within four spring pools (Moss,
Beaverdam, Thorsen, and Horton Springs) associated with the upper
Beaverdam Springs complex in Limestone County, Alabama.
The preferred habitat for the spring pygmy sunfish is clear and
colorless to slightly stained spring water, spring runs, and associated
spring-fed wetlands (Warren 2004). The species is highly localized
within these spring pools and is found in association with patches of
dense, filamentous submergent vegetation. Spring pygmy sunfish
abundance is correlated with specific water quantity and quality
parameters (i.e., water flow velocity, turbidity, and water
temperatures) and certain associated species such as amphipods,
isopods, spring salamanders, crayfish, and snails (Sandel, pers. comm.,
2007).
On April 1, 2011, the Service published a 90-day finding on a
petition to list the spring pygmy sunfish as endangered under the Act
(76 FR 18138). The Service found that the petition presented
substantial scientific or commercial information indicating that
listing this species may be warranted, and announced the initiation of
a formal status review. For further information on previous Federal
actions regarding the species, please refer to the 90-day finding. As a
result of our ``substantial'' 90-day finding, we are currently
collecting and analyzing data to assess the species' status. At the end
of the yearlong period, the Service will publish a finding, known
commonly as a ``12-month finding,'' on whether or not listing is
warranted. In accordance with court-approved settlement entered into
last year with Wild Earth Guardians and the Center for Biological
Diversity, if we determine that listing is warranted, our 12-month
finding will include a proposed rule to list the spring pygmy sunfish
under the Act.
The area to be covered under the proposed CCAA is approximately
3,200 acres within the Beaverdam Springs complex, owned by the
applicant and located in Limestone County, Alabama. The proposed CCAA
represents a significant milestone in the cooperative conservation
efforts for this species and
[[Page 9959]]
is consistent with section 2(a)(5) of the Act, which encourages
creative partnerships among public, private, and government entities to
conserve imperiled species and their habitats.
The applicant agrees to implement conservation measures to address
known threats to the spring pygmy sunfish. These measures will help
protect the species in the near term and also minimize any incidental
take of the species that might occur as a result of conducting other
covered activities, if the species becomes listed under the Act in the
future. Conservation measures to be implemented by the applicant
include: (1) Maintaining up to a 150-foot vegetated buffer zone around
Moss Spring Pond; (2) prohibiting cattle access to Moss Spring Pond and
the buffer zone described above; (3) creating a protected area of
approximately 150 acres, with a 100-150 foot vegetated buffer zone,
within the Beaverdam Spring/Creek area, including a portion of ``Lowe
Ditch''; and (4) refraining from any deforestation, land clearing,
industrial development, residential development, aquaculture, temporary
or permanent ground water removal installations, stocked farm ponds,
pesticide and herbicide use, and impervious surface installation
without prior consultation with the Service and the Service's written
agreement.
The Land Trust of Huntsville and North Alabama agrees: (1) To be
responsible for all reporting requirements, including any changes to
the monitoring when necessary for adaptive management; (2) to ensure
that annual habitat analyses and site samplings are performed as
specified by the CCAA; and (3) to provide funding for part or all of
said monitoring activities.
The Service agrees to authorize the applicant to engage in
incidental take of the spring pygmy sunfish consistent with this CCAA
and to provide technical assistance, including management advice.
The term of the proposed CCAA and associated enhancement of
survival permit is twenty (20) years. However, under a special
provision of this CCAA, if at any time a 15-percent decline in the
status of the species is determined, there will be a reevaluation of
the conservation measures set forth in the CCAA. If such a reevaluation
reflects a need to change the conservation measures, the revised
measures will be implemented by the applicant, or the CCAA will be
terminated and the permit surrendered.
When determining whether to issue the permit, we will consider a
number of factors and information sources, including the project's
administrative record, any public comments we receive, and the
application requirements and issuance criteria for CCAAs contained in
50 CFR 17.22(d) and 17.32(d). We will also evaluate whether the
issuance of the permit complies with section 7 of the Act by conducting
an intra-Service consultation. Our decision to issue the permit will be
based on the results of this consultation, as well as on the above
findings, our regulations, and public comments.
The proposed CCAA also provides regulatory assurances to the
applicant that, in the event of changed and/or unforeseen
circumstances, we would not require additional conservation measures,
or commitment of additional land, water, or resource use restrictions,
beyond the level obligated in this agreement, without the consent of
the applicant provided certain conditions are met.
We will evaluate this permit application, associated documents, and
comments submitted thereon to determine whether the permit application
meets the requirements of section 10(a)(1) of the Act, our regulations,
and NEPA regulations at 40 CFR 1506.6. If we determine that the
requirements are met, we will enter into the CCAA and issue a permit
under section 10(a)(l)(A) of the Act to the applicant for take of the
spring pygmy sunfish in accordance with the terms of the agreement. We
will not make a final decision in this matter until after the end of
the 30-day comment period, and we will fully consider all comments
received during the comment period.
Authority
We provide this notice under both section 10(c) of the Act (16
U.S.C. 1531. et seq.) and its implementing regulations (50 CFR 17.22
and 17.32), and the National Environmental Policy Act (42 U.S.C 4371 et
seq.) and its implementing regulations (40 CFR 1506.6).
Public Availability of Comments
All comments we receive become part of our administrative record in
this matter. Requests for copies of comments will be handled in
accordance with the Freedom of Information Act, Privacy Act, NEPA, and
Service and Department of the Interior policies and procedures. 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 personal identifying information--may be made
available to the public at any time. While you may ask us to withhold
your personal identifying information from public disclosure, we cannot
guarantee that we will be able to do so.
Dated: February 14, 2012.
Stephen M. Ricks,
Field Supervisor, Jackson, Mississippi, Field Office, Southeast Region.
[FR Doc. 2012-3880 Filed 2-17-12; 8:45 am]
BILLING CODE 4310-55-P