[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40614-40615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16061]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2021-0047; FXES11130800000-212-FF08ENVS00]
Enhancement of Survival Permit Application and Draft Safe Harbor
Agreement, Nye, Esmeralda, Lincoln and Clark Counties, Nevada
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of the proposed draft safe harbor
agreement and NEPA compliance documentation; request for comment.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
receipt and availability of an application for an enhancement of
survival permit (permit) under the Endangered Species Act (ESA) and an
associated draft programmatic Safe Harbor Agreement (SHA).
Additionally, consistent with the requirements of the National
Environmental Policy Act (NEPA), we have prepared a draft environmental
action statement supporting our preliminary determination that the
proposed permit action qualifies for a categorical exclusion under
NEPA. The Nevada Department of Wildlife (applicant) has applied for a
permit under the ESA for the enhancement activities within the SHA,
which will contribute to the recovery of the Pahrump poolfish
(Empetrichthys latos). The permit would authorize the take of one
species incidental to the enhancement and restoration of private and
public lands. We invite the public and local, State, Tribal, and
Federal agencies to comment on the proposed SHA, and NEPA categorical
exclusion determination documentation. Before issuing the requested
permit, we will take into consideration any information that we receive
during the public comment period.
DATES: Written comments must be received on or before August 27, 2021.
ADDRESSES: Obtaining Documents: The documents this notice announces, as
well as any comments and other materials that we receive, will be
available for public inspection in Docket No. FWS-R8-ES-2021-0047 at
http://www.regulations.gov.
Submitting Comments: To send written comments, please use one of
the following methods and identify to which document your comments are
in reference--the draft SHA or NEPA compliance documentation.
Internet: Submit comments at http://www.regulations.gov
under Docket No. FWS-R8-ES-2021-0047.
U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2021-0047; U.S. Fish and Wildlife Service Headquarters, MS:
PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
For more information, see Public Comments and Public Availability
of Comments under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Glen W. Knowles, Field Supervisor,
Southern Nevada Fish and Wildlife Office, by phone at 702-515-5244 or
via the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the receipt of a permit application from the Nevada
Department of Wildlife (applicant), for a 50-year enhancement of
survival permit under section 10(a)(1)(A) of the Endangered Species
Act, as amended (ESA; 16 U.S.C. 1531 et seq.). Application for the
permit requires the preparation of a programmatic safe harbor agreement
(SHA) between the applicant and Service. The SHA provides for voluntary
habitat restoration, maintenance, or enhancement activities that will
contribute to the recovery of the Pahrump poolfish (Empetrichthys
latos).
Service consideration of issuing a permit also requires evaluation
of its potential impacts on the natural and human environment in
accordance with the National Environmental Policy Act (NEPA; 42 U.S.C.
4321 et seq.). The Service has prepared a draft environmental action
statement, which includes a draft categorical exclusion (CatEx)
pursuant to NEPA and its implementing regulations in the Code of
Federal Regulations (CFR) at 40 CFR 1501.4, to preliminarily determine
if the proposed SHA is eligible for a categorical exclusion.
[[Page 40615]]
Background
Except for permitted exceptions, section 9 of the ESA (16 U.S.C.
1538 et seq.) prohibits the taking of fish and wildlife species listed
as endangered under section 4 of the ESA; by regulation, take of
certain species listed as threatened is also prohibited (16 U.S.C.
1533(d); 50 CFR 17.31). Regulations governing the permitted exception
for allowable incidental take of endangered and threatened species are
at 50 CFR 17.22 and 17.32. For more about the Federal SHA program, go
to: https://www.fws.gov/endangered/esa-library/pdf/harborqa.pdf,
https://www.fws.gov/endangered/landowners/safe-harbor-agreements.html.
National Environmental Policy Act Compliance
The proposed permit issuance triggers the need for compliance with
the NEPA. The draft categorical exclusion (CatEx) was prepared to
determine if issuance of a permit, based on the draft SHA, would
individually or cumulatively have a minor or negligible effect on the
species covered, and would therefore be eligible for a CatEx from
further environmental analysis under NEPA.
Proposed Action
Under the proposed action, the Service would issue a permit to the
applicant for a period of 50 years for covered activities (described
below) benefitting the Pahrump poolfish by relieving landowners from
any additional section 9 liability under the ESA (16 U.S.C. 1531 et
seq.). Landowners who have suitable habitat for Pahrump poolfish may be
enrolled by the applicant under the SHA. Landowners would receive a
certificate of inclusion when they sign a cooperative agreement. Thus,
the landowners will be authorized to take Pahrump poolfish when the
number of species has increased above the baseline established in the
SHA and cooperative agreement as a result of the landowner's covered
activities. Although the permit and SHA will authorize incidental take
of Pahrump poolfish associated with returning the enrolled property to
its agreed-upon baseline condition, the Service anticipates that this
level of take will not negatively impact the recovery of the species.
It is not anticipated that cooperators will continuously seek to return
to baseline during the pendency of their cooperative agreements; and
during such time, the agreements will create short, mid-range, and
long-term benefits for the recovery of the Pahrump poolfish. The
applicant has requested a permit for one species, the Pahrump poolfish
(Empetrichthys latos), which was, and remains as listed under the ESA
as endangered in March 1967.
Safe Harbor Agreement Area
The geographic scope of this SHA encompasses suitable private and
non-Federal lands within Nye, Esmeralda, Lincoln, and Clark Counties,
Nevada.
Covered Activities
The proposed section 10(a) permit would allow incidental take of
one covered species from covered activities in the proposed SHA area.
The applicant is requesting incidental take authorization for covered
activities, including but not limited to operation of vehicles and
maintenance equipment, building or fence construction, gardening,
hunting, recreational fishing, farming, mining, mowing, maintenance of
landscaping and recreational facility infrastructure including
irrigation facilities, commercial and non-commercial recreational
activities, or cultivation of agricultural crops. As long as enrolled
landowners allow the agreed-upon conservation measures to be completed
on their property, and agree to maintain their baseline
responsibilities, they may make any other lawful use of the property
during the term of the cooperative agreement, even if such use results
in the take of individual Pahrump poolfish or harm to their habitat.
Some of the conservation measures that will be used to achieve this
include restoration of springpool and springbrook habitats to
approximate historical conditions, removal of aquatic nonnative
species, control of invasive weed and plant species, modification of
livestock grazing practices, and maintenance of seasonal flooding and
soil moisture through pasture irrigation management strategies.
Public Comments
We request data, comments, new information, or suggestions from the
public, other concerned governmental agencies, the scientific
community, Tribes, industry, or any other interested party on the draft
SHA and associated documents. If you wish to comment, you may submit
comments by any of the methods in ADDRESSES.
Public Availability of Comments
Any comments we receive will become part of the decision record
associated with this action. 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 request in your comment that we withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so. All submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, will be made available for public disclosure in their
entirety.
Next Steps
Issuance of a permit is a Federal proposed action subject to
compliance with NEPA and section 7 of the ESA. We will evaluate the
permit application, the SHA, associated documents, and any public
comments we receive during the comment period to determine whether the
application meets the requirements of section 10(a) of the ESA. If we
determine that those requirements are met, we will conduct an intra-
Service consultation under section 7 of the ESA for the Federal action
and for the potential issuance of an enhancement of survival permit. If
the intra-Service consultation confirms issuance of the permit will not
jeopardize the continued existence of any endangered or threatened
species, or destroy or adversely modify critical habitat, we will issue
a permit to the applicant for the incidental take of the covered
species.
Authority
We provide this notice under section 10(c) of the Endangered
Species Act (16 U.S.C. 1539(c) and its implementing regulations (50 CFR
17.32), and NEPA (42 U.S.C. 4371 et seq.) and NEPA implementing
regulations (40 CFR 1501.4).
Glen W. Knowles,
Field Supervisor, Southern Nevada Fish and Wildlife Office, U.S. Fish
and Wildlife Service, Las Vegas, Nevada.
[FR Doc. 2021-16061 Filed 7-27-21; 8:45 am]
BILLING CODE 4333-15-P