[Federal Register: October 27, 2010 (Volume 75, Number 207)]
[Notices]
[Page 66122-66123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc10-93]
[[Page 66122]]
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DEPARMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R5-ES-2010-N124; 50120-1113-0000-F4]
Endangered and Threatened Wildlife and Plants: New Hampshire Fish
and Game Department, Application for Enhancement of Survival Permit,
New England Cottontail, Hillsborough, Rockingham, Merrimack, Cheshire,
and Strafford Counties, NH
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability and receipt of application; request for
comments.
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SUMMARY: The New Hampshire Fish and Game Department (NHFGD) has applied
to the U.S. Fish and Wildlife Service (Service) for an Enhancement of
Survival Permit under the Endangered Species Act of 1973 (ESA), as
amended. The requested permit would authorize take of the New England
cottontail (Sylvilagus transitionalis; hereafter, NEC) resulting from
certain habitat improvement and land use activities should the species
be listed as endangered or threatened in the future. The permit
application includes a proposed Candidate Conservation Agreement with
Assurances (CCAA) between the NHFGD and the Service. In accordance with
the requirements of the National Environmental Policy Act of 1969
(NEPA), we have prepared a draft categorical exclusion of the impacts
of the requested permit. We are accepting comments on the permit
application, proposed CCAA, and draft NEPA document.
DATES: Written comments on the permit application, draft CCAA, and
draft NEPA document must be received on or before November 26, 2010.
ADDRESSES: Address any written comments concerning this notice to
Anthony Tur, New England Field Office, U.S. Fish and Wildlife Service,
70 Commercial Street, Suite 300, Concord, NH 03301; alternatively, fax
written comments to 603-224-0104, or electronically mail comments to
Anthony_Tur@fws.gov.
FOR FURTHER INFORMATION CONTACT: Anthony Tur, at the New England Field
Office (see ADDRESSES above), 603-223-2541; facsimile 603-223-0104, or
Anthony_Tur@fws.gov. 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:
Document Availability
Copies of the permit application, proposed CCAA, and draft NEPA
document are available for public inspection, by appointment, at the
New England Field Office (see ADDRESSES), or you may view them on the
Internet at http://www.fws.gov/newengland/. Copies of these documents
can also be obtained by contacting the office and personnel listed in
the ADDRESSES section.
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, proposed CCAA, and draft NEPA
document. 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 50 CFR 17.22(d) and 17.32(d).
Public Availability of Comments
Before including your address, telephone number, electronic mail
address, or other personal identifying information in your comment, be
advised 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 from public review your personal
identifying information, we cannot guarantee that we will be able to do
so.
Background
Permits for enhancement of survival through CCAAs encourage non-
Federal property owners to implement conservation measures for species
that are, or are likely to become, candidates for Federal listing as
endangered or threatened by assuring property owners they will not be
subjected to increased property use restrictions if the covered species
becomes listed in the future. Application requirements and issuance
criteria for permits for enhancement of survival through CCAAs are in
the Code of Regulations (CFR) at 50 CFR 17.22(d) and 17.32(d). See also
our policy on CCAAs (64 FR 32726; June 17, 1999).
The CCAA that is the subject of this notice is a programmatic
agreement between the Service and the NHFGD to further the conservation
of the NEC. Under the CCAA, the NHFGD would establish a program in
which individual property owners can enroll. To enroll in the program,
a property owner would enter into a cooperative agreement with the
NHFGD that contains a site-specific management plan for the enrolled
lands, and the NHFGD would then issue the property owner a Certificate
of Inclusion. The site-specific management plan will specify
conservation measures to address known threats to the NEC which may
include, but are not limited to, cutting vegetation to promote
establishment of shrubland habitat, maintaining existing shrubland
habitat, planting seeds and seedlings, controlling invasive plants
species, removing non-native eastern cottontails, and translocating NEC
to newly created habitats. The plan will also specify measures to
minimize the incidental take of NEC that might occur as a result of
implementing the conservation measures or conducting other covered
activities. The Certificate of Inclusion issued to the property owner
will authorize this incidental take of the NEC if the species becomes
listed under the ESA in the future.
The NHFGD seeks to enroll in the program 3,000 to 5,000 acres of
private and State-owned lands for NEC habitat management in
Hillsborough, Rockingham, Merrimack, Cheshire, and Strafford Counties
in southern New Hampshire. Lands targeted for NEC habitat management
are generally those for which the current land use maintains or is
capable of maintaining suitable NEC habitat with minimal take of NECs.
Site potential for enrolled lands will be evaluated through a Habitat
Suitability Index. Because resources for implementing conservation
measures on enrolled lands are limited, sites with the highest
potential value will be prioritized for enrollment based on proximity
to existing occupied sites, along with other habitat parameters. Also
eligible for enrollment are those lands under the same ownership that
are adjacent to lands being managed for the benefit of NEC (hereafter
referred to as ``adjacent lands''). These adjacent lands include areas
where ongoing and future activities (e.g., hay production and timber
harvesting) may result in inadvertent take of NEC. Although the amount
of adjacent acreage that a property owner will enroll under this CCAA
will depend on the circumstances specific to the property and property
owner, we estimate that the typical property owner will enroll an area
of adjacent lands about equal to twice the area of the lands managed
for NEC. Therefore, about 10,000 acres of adjacent lands are associated
with the 5,000 acres targeted for NEC habitat management. If we were to
reach our target of 5,000 acres managed for NEC
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under this CCAA, then we estimate a total of about 15,000 acres would
be enrolled under this CCAA.
As required by NEPA, we evaluated the effects to the environment
that would result from issuance of the requested permit, and we do not
foresee any significant effects. Therefore, we are proposing to
categorically exclude this action from further analysis under NEPA.
Entering into a cooperative agreement is strictly voluntary for
property owners, and the activities to be covered under the permit are
generally activities already occurring on these properties.
We will evaluate the permit application, associated documents, and
comments we receive to determine whether the permit application meets
the requirements of the ESA, NEPA, and implementing regulations. If we
determine that all requirements are met, we will sign the proposed CCAA
and issue a permit under section 10(a)(1)(A) of the ESA to the NHFGD
for take of NEC. We will not make our final decision until after the
end of the 30-day public comment period, and we will fully consider all
comments we receive during the public comment period.
Dated: June 18, 2010.
Sherry W. Morgan,
Acting Regional Director, Region 5, U.S. Fish and Wildlife Service,
Hadley, Massachusetts.
[FR Doc. 2010-27001 Filed 10-26-10; 8:45 am]
BILLING CODE 4310-55-P