[Federal Register: December 9, 2009 (Volume 74, Number 235)]
[Notices]
[Page 65153-65154]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de09-90]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2009-N245; 81440-1113-0000-F3]
Proposed Safe Harbor Agreement for California Red-Legged Frog,
Least Bell's Vireo, and Southwestern Willow Flycatcher, on Lands Owned
or Managed or Both by the Ojai Valley Land Conservancy Within the
Ventura River Watershed, Ventura County, CA
AGENCY: U.S. Fish and Wildlife Service, Interior.
ACTION: Notice of availability; receipt of application and proposed
safe harbor agreement.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application for an enhancement of survival permit for the
federally threatened California red-legged frog (Rana aurora draytonii)
and federally endangered least Bell's vireo (Vireo bellii pusillus) and
southwestern willow flycatcher (Empidonax traillii extimus) under the
Endangered Species Act of 1973, as amended (Act), from the Ojai Valley
Land Conservancy (Applicant). 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: In order to ensure we are able to consider your comments, send
them to us on or before January 8, 2010.
ADDRESSES: Use one of the following methods to send us your comments.
Mail your comments to: Field Supervisor; U.S. Fish and
Wildlife Service; Ventura Fish and Wildlife Office; 2493 Portola Road,
Suite B; Ventura, CA 93003.
Fax your comments to: (805) 644-3958.
E-mail your comments to: fw8SHAOVLC@fws.gov.
FOR FURTHER INFORMATION CONTACT: Eric Morrissette, Safe Harbor
Coordinator, Ventura Fish and Wildlife Office (see ADDRESSES),
telephone (805) 644-1766.
SUPPLEMENTARY INFORMATION:
Availability of Documents
You may obtain copies of the documents for review 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.
Public Availability of Comments
Before including your address, phone number, e-mail 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.
Background
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 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).
We have worked with the Applicant to develop this proposed
Agreement for the conservation of the California red-legged frog, least
Bell's vireo, and southwestern willow flycatcher on the properties
subject to the Agreement (Enrolled Properties), which are owned or
managed by the Applicant. The Enrolled Properties include: (1) The
Ventura River--Rancho El Nido Preserve, (2) the Ojai Meadows Preserve,
(3) the Ventura River--Confluence Preserve, and (4) the San Antonio
Creek Preserve, all in Ventura County, California. Within the 1,687
acres of land within the Enrolled Properties, habitat for the
California red-legged frog, least Bell's vireo, and southwestern willow
flycatcher will be restored, enhanced, and managed under a written
agreement between the Applicant and Service. We expect that the
activities proposed in the Agreement will result in an increase in
suitable habitat for these species and provide for their increase in
number and expansion into additional areas that are currently not
occupied, thus resulting in a net conservation benefit for the three
species.
This Agreement provides for the restoration, enhancement, and
management of aquatic, riparian, and upland habitat suitable for the
California red-legged frog, least Bell's vireo, and southwestern willow
flycatcher on the Enrolled Properties. The proposed duration of the
Agreement is 30 years, and the proposed term of the enhancement of
survival permit is 30 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 California red-
legged frog, least Bell's vireo, and southwestern willow flycatcher.
Upon approval of this Agreement, 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 California red-legged frog, the least Bell's
vireo, and the southwestern willow flycatcher incidental to the
implementation of the management activities specified in the Agreement;
incidental to other lawful uses of the Enrolled Properties, 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 restoration, enhancement, and
[[Page 65154]]
management of native riparian habitats within the Enrolled Properties.
The objective of such activities is to enhance populations of
California red-legged frogs, least Bell's vireos, and southwestern
willow flycatchers by increasing the amount and quality of suitable
habitat on the Enrolled Properties. Take of California red-legged
frogs, least Bell's vireos, and southwestern willow flycatchers
incidental to the aforementioned activities 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 California red-legged frog, least Bell's vireo, and southwestern
willow flycatcher, thereby necessitating take authority under the
permit.
Pre-Agreement conditions (baseline) have been determined for each
enrolled property based on the occurrence of California red-legged
frog, least Bell's vireo, and southwestern willow flycatcher and the
extent of suitable habitat as provided in the Agreement. The Applicant
must maintain baseline on an enrolled property in order to receive
coverage regarding incidental take of California red-legged frogs,
least Bell's vireos, and southwestern willow flycatchers. The Agreement
and requested permit would allow the Applicant to return to baseline
conditions after the end of the term of the Agreement and prior to the
expiration of the 30-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 the address 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. Individual respondents may request that
we withhold their home address from the record, which we will honor to
the extent allowable by law. There also may be circumstances in which
we would withhold from the record a respondent's identity, as allowable
by law. If you wish us to withhold your name or address or both, you
must state this prominently at the beginning of your comment. All
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, are available for public inspection in their entirety.
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 California red-
legged frog, the least Bell's vireo, and the southwestern willow
flycatcher 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).
Dated: December 2, 2009.
Diane K. Noda,
Field Supervisor, Ventura Fish and Wildlife Office.
[FR Doc. E9-29354 Filed 12-8-09; 8:45 am]
BILLING CODE 4310-55-P