[Federal Register: August 26, 1999 (Volume 64, Number 165)] [Notices] [Page 46703-46705] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr26au99-99] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Intent To Prepare Environmental Assessments or Environmental Impact Statements for Permit Applications To Incidentally Take the Preble's Meadow Jumping Mouse in Boulder, Douglas, Elbert, El Paso, and Jefferson Counties, Colorado AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of intent and announcement of meetings. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are issuing this notice to advise the public that one or more Environmental Assessments (EA) and/or Environmental Impact Statements (EIS) will be prepared regarding applications for permits under section 10(a) of the Endangered Species Act to allow the incidental take of the Preble's meadow jumping mouse (Zapus hudsonius preblei) in those counties with an accompanying Habitat Conservation Plan (HCP). Public scoping meetings will be held as identified below. DATES: See ``Supplementary Information'' section for times and places of Public scoping meetings to discuss the proposed action as it affects each county identified with each meeting date. Additional dates may be announced in the future for meetings sponsored by other local governments. ADDRESSES: Kathleen Linder, U.S. Fish and Wildlife Service, 755 Parfet Street, Suite 361, Lakewood, Colorado 80215. FOR FURTHER INFORMATION CONTACT: Lee Carlson, Colorado Field Supervisor, (see ADDRESSES above), or telephone (303) 275-2370. SUPPLEMENTARY INFORMATION: [[Page 46704]] Public Participation 1. October 18, 1999, 6:00 p.m., Boulder County--County Courthouse, County Commissioners' Hearing Room, Third Floor, 1325 Pearl Street, Boulder, Colorado 80306. 2. September 29, 1999, 9:00 a.m., Douglas County--Phillip S. Miller County Building, Commissioners' Hearing Room, 100 Third Street, Castle Rock, Colorado 80104. 3. September 21, 1999, 7:00 p.m., Elbert County--County Courthouse, 215 Comanche Street, Kiowa, Colorado 80117. 4. October 13, 1999, 6:00 p.m., El Paso County--Pikes Peak Community College, Rampart Range Campus, 11195 Highway 83, Colorado Springs, Colorado 80921. 5. September 30, 1999, 6:00 p.m., Jefferson County--County Courthouse, 100 Jefferson County Parkway, Golden, Colorado 80419. Each meeting will include a presentation about the Preble's meadow jumping mouse, the background and history of the HCP development process, the information available on the presence of this species in the county, activities that may be affected by their presence, and strategies to conserve the species while allowing land use activities to continue. Submission of written and oral comments and questions will be accepted at the meeting. Written comments regarding EA or EIS scoping also may be submitted by October 30, 1999, to the address above. The Preble's meadow jumping mouse was listed as a threatened species on May 11, 1998. Because of that listing, the species is protected by the Act's prohibition against ``taking.'' The Act defines ``take'' to mean--to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in such conduct. ``Harm'' is further defined by regulation as any act that kills or injures wildlife including significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavior patterns, including breeding, feeding, or sheltering (50 CFR 17.3). However, we may issue permits to carry out prohibited activities involving threatened species under certain circumstances. Regulations governing permits for endangered and threatened wildlife are at 50 CFR 17.22. Each of the Colorado counties listed above is preparing to apply to the Service for an incidental take permit pursuant to section 10(a)(1)(b) of the Act, which authorizes the issuance of incidental take permits to non-Federal landowners. Each permit would authorize the incidental take of the Preble's meadow jumping mouse, and possibly other threatened or endangered species listed in the HCP(s), during the course of conducting otherwise lawful land use or development activities in the county. Although public and private entities or individuals have participated in development of the HCP(s) and may benefit by issuance of the incidental take permit, each county government listed above has accepted the responsibility of coordinating preparation of an HCP, submission of the permit application, and coordination of the preparation and processing of an EA or EIS for Service review and approval. The action to be described in each HCP is a program that will ensure the continued conservation of the Preble's meadow jumping mouse in the county for which the HCP(s) is prepared, while resolving potential conflicts that may arise from the otherwise lawful activities that may involve this species and its habitat on non-Federal lands in that county. The environmental impacts that may result from implementation of a conservation program described in the HCP(s) or as a result of implementing other alternatives will be evaluated in the EA or EIS. The county governments listed above, the Colorado Department of Natural Resources (CDNR), and numerous other entities are engaged in gathering information and developing HCP(s), section 10(a)(1)(B) permit applications, and related EA's and/or EIS's in the counties listed above. In this case, the HCP(s), section 10(a)(1)(B) permit application, and EA or EIS materials are being developed concurrently. Development of the HCP has involved, and will continue to involve, an open process coordinated by CDNR. A total of 15 open meetings have been held on February 4, February 13, February 18, February 19, February 20, March 10, March 11, March 17, April 15, September 1, September 3, September 8, and September 15, 1998, and June 21, 1999. Those involved in this effort to date include other State and Federal agencies, counties, cities, towns, industry representatives, agricultural representatives, environmental representatives, and biologists. It is anticipated that implementation of the conservation strategies identified in the HCP(s) may be through purchases of habitat, voluntary management agreements, county staff actions, implementing agreements with property owners, and other techniques. Alternatives 1. County HCP(s) and Incidental Take Permit(s) (Proposed Action)-- This action, which is the proposed action, seeks to address lands that constitute potential Preble's meadow jumping mouse habitat within each county, whether publicly or privately owned or large or small in size. Such lands may include publicly owned lands, (such as Federal facilities, State land board lands, State park lands, and other State- owned lands; utility, highway, and railroad rights-of-ways; facilities, parks, and open spaces owned by local governments; facilities and lands owned by municipal utilities; and other lands owned by local governments) as well as private and publicly owned land being used for other land uses, such as agriculture or development. Individual conservation strategies of landowners may include: a. Avoiding disturbance of floodplains or nearby areas; b. Engaging in agricultural practices designed to maintain habitat; c. Revegetating riparian corridors between significant habitat areas; d. Participating in Federal or State land conservation incentive programs; e. Creating conservation easements with tax benefits; f. Creating habitat banks and selling conservation credits to others; g. Mitigating lost habitat through the creation or enhancement of habitat off site; h. Participating in existing local government development review processes; i. Avoiding the grazing of large numbers of animals on small acreage tracts; j. Engaging in other practices or strategies designed to maintain habitat, or possibly to enhance habitat, as science confirms their effectiveness; k. Creating an individual HCP if participation in the county HCP(s) and incidental take permit(s) is not attractive or feasible for the landowner. This alternative seeks authority for long-term incidental take permit(s). The HCP(s) will assure continued conservation measures as well as monitoring and reporting procedures, as required by the Service for the issuance of an incidental take permit. Service issuance of the incidental take permit will authorize certain activities to proceed in each county without violating the Act. Individual landowners may participate in the HCP(s) through voluntary management programs, implementing agreements with the county government, certificates of inclusion in a county permit, sale or [[Page 46705]] donation of lands to a public or private conservation organization, participation in State or Federal incentive programs for land conservation, partnerships with other participants in the HCP effort, agreement to the terms of the HCP(s) and the incidental take permit(s), exemption from regulation based on the terms of the HCP or permit, or other methods. 2. Multiple Individual HCP(s) and Incidental Take Permits for Individual Landowners--This alternative would involve individual landowners, or groups of landowners, preparing individual HCP(s) for individual land use or development projects as the need arises. Any conservation strategy listed in the proposed action could be applied to similar facts or circumstances in an individual HCP. Conservation strategies not discussed earlier also could be developed. This alternative would involve separate HCP development and application processes. In addition, it would require separate permit review processes by the Service with the necessity of conducting separate EA or EIS review procedures and documents. Implementation and oversight would probably not involve the county government or CDNR, but would require oversight and implementation as described in separate implementation agreements and the permits themselves. 3. Single Statewide HCP and Incidental Take Permit--This alternative would involve the development of a single HCP for the seven Colorado counties listed, and a single incidental take permit related to that HCP. Individual public and private landowners, including county, town, and city governments, might participate in the HCP through voluntary management programs, implementing agreements, certificates of inclusion in the single incidental take permit, sale or donation of lands to a public or private conservation organization, participation in State or Federal incentive programs for land conservation, partnerships with other participants in the HCP effort, agreement to the terms of the HCP and the incidental take permit, exemption from regulation based on the terms of the HCP or permit, or other methods. Implementation of the terms of the HCP might require an intergovernmental agreement with each local government whose boundaries include a participating landowner. Alternatives 1, 2, and 3 also incorporate the concept of ``adaptive management.'' As science and conservation strategies evolve or demonstrate a need to change, the landowner could modify the conservation strategies as needed. Therefore, as science and information progress, so may the conservation strategies and activities under the HCP(s) and permit(s). 4. No Action Alternative--Under the No Action Alternative, no section 10(a)(1)(B) permit would be issued and activities involving the take of the Preble's meadow jumping mouse would remain prohibited under section 9 of the Act. Activities that would avoid the take of the species could continue. Proposed activities on non-Federal land that may affect the Preble's meadow jumping mouse would require submitting an individual section 10(a)(1)(B) permit to the Service. If a Federal action (such as construction of a proposed road or interchange with Federal funds) would affect the species, incidental take could be allowed through the consultation process outlined in section 7 of the Act, and through the development of an incidental take statement if the proposed action were determined to not jeopardize the continued existence of the species. Issue Resolution and Environmental Review The primary issue to be addressed through the scoping and planning process for the HCP(s) and related EA or EIS documents is how to resolve potential conflicts between development and land management practices and listed species in each county. A tentative list of issues, concerns, and opportunities has been developed. There will be discussion of the potential effects of each alternative, which will include the following areas: a. The Preble's meadow jumping mouse and its habitat in each county. b. Other federally listed threatened or endangered species in each county. c. State listed species in the State of Colorado. d. Effects on other species of plants and animals. e. Socioeconomic effects. f. The use of Federal, State, county, or local public lands for conservation of the Preble's meadow jumping mouse. g. The use of privately owned lands for conservation of the Preble's meadow jumping mouse. h. Need for adequate funding. i. Effects on species recovery. Environmental review of the proposed action will be conducted in accordance with the requirements of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.), National Environmental Policy Act regulations (40 CFR parts 1500-1508), other appropriate Federal regulations, and our procedures for compliance with those regulations. This notice is being furnished in accordance with section 1501.7 of the National Environmental Policy Act to obtain suggestions from other agencies, tribes, and the public on the scope of issues to be addressed in the EA or EIS. Public Comments Solicited We solicit written comments on the information described above. All comments received by the date specified in the DATES section above will be considered. Authority: National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.). Dated: August 17, 1999. Terry Terrell, Regional Director, Denver, Colorado. [FR Doc. 99-21891 Filed 8-25-99; 8:45 am] BILLING CODE 4310-55-P