[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Notices]
[Pages 41704-41705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16827]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2014-N066; FXES11130800000-145-FF08EVEN00]
Proposed Safe Harbor Agreement With the Bishop Paiute Tribe for
Owens Pupfish, Inyo County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; receipt of permit application.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received, from the Bishop Paiute Tribe (applicant), an application for
an enhancement of survival permit for the federally endangered Owens
pupfish, under the Endangered Species Act of 1973, as amended (Act).
This permit application includes a proposed safe harbor agreement
(agreement) between the applicant and the Service. The agreement and
permit application are available for public comment.
DATES: To ensure we are able to consider your comments, please send
them to us by August 18, 2014.
ADDRESSES: The documents are available on our Web site: http://www.fws.gov/ventura. A limited number of printed copies are available
by request. You may request the documents or submit comments by any of
the following methods.
Email: fw8SHABishopPaiuteTribe@fws.gov. Include ``Bishop
Paiute Tribe SHA'' in the subject line of the message.
U.S. Mail: Field Supervisor; U.S. Fish and Wildlife
Service; Ventura Fish and Wildlife Office; 2493 Portola Road, Suite B;
Ventura, CA 93003.
Fax: Attn: Field Supervisor, (805) 644-3958.
FOR FURTHER INFORMATION CONTACT: Eric Morrissette, Safe Harbor
Coordinator, Ventura Fish and Wildlife Office at the address above or
by telephone at (805) 644-1766.
SUPPLEMENTARY INFORMATION: We have received an application for an
enhancement of survival permit for the federally endangered Owens
pupfish (Cyprinodon radiosus) under the Act. This permit application
includes a proposed safe harbor agreement (agreement) between the
applicant and the Service. The agreement and permit application are
available for public comment.
Availability of Documents
You may obtain copies of the documents for review by using one of
the methods in ADDRESSES, or by contacting the individual named in the
FOR FURTHER INFORMATION CONTACT section. You also may make an
appointment to view the documents at the Ventura Fish and Wildlife
Office (see ADDRESSES) during normal business hours.
Background
Under a safe harbor agreement, participating landowners voluntarily
undertake management activities on their property to benefit species
listed under the Act (16 U.S.C. 1531 et seq.). Safe harbor agreements,
and the subsequent permits that are issued under 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 land use
restrictions as a result of efforts to attract or increase the numbers
or distribution of a listed species on their property. Application
requirements and issuance criteria for permits through safe harbor
agreements are found in 50 CFR 17.22(c) and 1732(c).
We have worked with the applicant to develop this proposed
agreement for the conservation of the Owens pupfish on the property
subject to the agreement (enrolled property), which is Tribal Trust
Land held in trust for the Tribe by the United States and managed by
the applicant. The enrolled property is the Bishop Paiute Reservation
in Inyo County, California, which occurs within the historic range of
the Owens pupfish. Within the 875 acres of land comprising the enrolled
property, a pond in the 24.8-acre Conservation Open Space Area contains
suitable habitat for the Owens pupfish. The Owens pupfish will be
translocated into its suitable habitat at the enrolled property
according to a written agreement between the applicant and Service.
Under this written agreement, the existing habitat for Owens pupfish
will be managed for the species, and additional habitat for the species
may be created in the future. We expect that the activities proposed in
the agreement will result in the establishment of the Owens pupfish in
suitable habitat that will be maintained and remain relatively
undisturbed, thus resulting in a net conservation benefit for the
species.
The agreement provides for the translocation and establishment of
the Owens pupfish at the enrolled property, and the management of its
suitable habitat. The proposed duration of the agreement and term of
the enhancement of survival permit is 10 years. The agreement fully
describes the proposed management activities to be undertaken by the
applicant and the net conservation benefits expected to be gained for
the Owens pupfish.
Upon approval of this agreement and satisfactory completion of all
other applicable legal requirements, and consistent with the Service's
Safe Harbor Policy published in the Federal Register on June 17, 1999
(64 FR 32717), the Service would issue a permit to the applicant
authorizing take of the Owens pupfish incidental to the implementation
of the management activities specified in the agreement; incidental to
other lawful uses of the enrolled property, including normal, routine
land management activities; and incidental to the return to pre-
agreement conditions (baseline).
Management activities included in the agreement will provide for
the translocation and establishment of the Owens pupfish and management
of its habitat within the enrolled property. The objective of such
activities is to establish a self-sustaining population of Owens
pupfish within its historic range in the suitable habitat at the
enrolled property. Take of Owens pupfish in the form of capture would
occur during translocation activities, thereby necessitating take
authority under the permit. Take incidental to activities associated
with the management of Owens pupfish habitat is unlikely; however, it
is possible that in the course of such activities or other lawful
activities on the enrolled property, the applicant could incidentally
take individuals of Owens pupfish, thereby necessitating take authority
under the permit.
Baseline conditions at the enrolled property, as described in the
agreement, have been established consisting of two elements, the
current area of suitable habitat for Owens pupfish and the elevated
presence of a population of Owens pupfish. Under the agreement, an
elevated baseline for the population of Owens pupfish means that, in
anticipation that translocation and establishment of the Owens pupfish
is successful, the population of Owens pupfish would remain at the
enrolled property at the end of the agreement term where there
currently is no population of Owens pupfish and under other
circumstances the baseline for the species presence could be zero. The
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elevated baseline has been established to aid in reaching recovery
objectives for the Owens pupfish with the intent to create and maintain
a self-sustaining population of the Owens pupfish at the enrolled
property. The applicant must maintain baseline on the enrolled property
in order to receive coverage regarding incidental take of Owens
pupfish. The agreement and requested permit would allow the applicant
to return the enrolled property to baseline conditions for habitat, and
to the elevated baseline for the Owens pupfish population, after the
end of the term of the agreement and prior to the expiration of the 10-
year permit, if so desired by the applicant.
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) (42 U.S.C.
4321 et seq.). We explain the basis for this determination in an
Environmental Action Statement, which also is available for public
review.
Individuals wishing copies of the permit application, copies of our
draft Environmental Action Statement, and copies of the agreement,
including a map of the proposed permit area, should contact the Ventura
Fish and Wildlife Office (see ADDRESSES).
If you wish to comment on the permit application or the agreement,
you may submit your comments to one of the addresses listed in the
ADDRESSES section of this document. Comments and materials received,
including names and addresses of respondents, will be available for
public review, by appointment, during normal business hours at the
address in the ADDRESSES section above and will become part of the
public record, under section 10(c) of the Act.
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.
We will evaluate this permit application, associated documents, and
comments we receive to determine whether the permit application meets
the requirements of section 10(a) of the Act and NEPA regulations. If
we determine 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 Owens pupfish
incidental to otherwise lawful activities in accordance with the terms
of the agreement. We will not make our final decision until after the
end of the 30-day comment period and will fully consider all comments
we receive during the comment period.
The Service provides this notice under section 10(c) of the Act and
under implementing regulations for NEPA (40 CFR 1506.6).
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office.
[FR Doc. 2014-16827 Filed 7-16-14; 8:45 am]
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