[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Page 63242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24806]

[[Page 63242]]



Fish and Wildlife Service

[Docket No. FWS-R8-ES-2013-N208; 81420-1113-0000-F3]

Proposed Template Safe Harbor Agreement for the Solano County 
Water Agency in Yolo and Solano Counties, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.


SUMMARY: This notice advises the public that the Solano County Water 
Agency and the U.S. Fish and Wildlife Service (Service) have developed 
a Template Safe Harbor Agreement (Agreement) for the federally 
threatened valley elderberry longhorn beetle (Desmocerus californicus 
dimorphus). While not signatory to this Agreement, non-Federal land 
owners and managers who elect to enroll their property under the 
Agreement (participants) will develop individual site plans and be 
issued individual 10(a)(1)(A) enhancement of survival permits under the 
Endangered Species Act of 1973, as amended (Act). The Agreement is 
available for public comment.

DATES: To ensure consideration, please send your written comments by 
November 22, 2013.

ADDRESSES: Send comments to Mr. Rick Kuyper, via U.S. Mail at U.S. Fish 
and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage 
Way, W-2605, Sacramento, California 95825.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Kuyper, Sacramento Fish and 
Wildlife Office (see ADDRESSES); telephone: (916) 414-6600.


Availability of Documents

    You may obtain copies of the document for review by contacting the 
individual named above (see FOR FURTHER INFORMATION CONTACT). You may 
also make an appointment to view the document at the above address 
during normal business hours (see ADDRESSES).


    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 enhancement 
of survival permits that are issued pursuant to 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 property use 
restrictions as a result of their efforts to attract listed species to 
their property, to increase the numbers or distribution of listed 
species already on their property. Application requirements and 
issuance criteria for enhancement of survival permits through Safe 
Harbor Agreements are found in 50 CFR 17.22(c) and 17.32(c). These 
permits allow any necessary future incidental take of covered species 
above the mutually agreed upon baseline conditions for those species in 
accordance with the terms and conditions of the permits and 
accompanying agreements.
    The Agreement is expected to promote the recovery of the covered 
species on non-Federal properties within the Putah Creek watershed in 
Yolo and Solano Counties. The proposed duration of the Agreement is 20 
years. The enhancement of survival permits issued to participants would 
authorize the incidental taking of the covered species associated with: 
the restoration, enhancement, and maintenance of suitable habitat for 
the covered species; routine activities associated with agricultural 
lands management; property upkeep; and the potential future return of 
any property included in the Agreement to baseline conditions. Under 
this Agreement, participants may include their properties by entering 
into a Site Plan with the Service. Each Site Plan will specify the 
restoration and/or enhancement, and management activities to be carried 
out on that specific property and a timetable for implementing those 
activities. All site plans will be reviewed by the Service to determine 
whether the proposed activities will result in a net conservation 
benefit for the covered species and meet all required standards of the 
Safe Harbor Policy (64 FR 32717). The Service will issue individual 
10(a)(1)(A) enhancement of survival permits to the participant. The 
Solano County Water Agency will assist with development of the site 
plans, implement the restoration and management of riparian habitat, 
and conduct monitoring as required under the Agreement. participants 
would receive assurances under our ``no surprises'' regulations (50 CFR 
17.22(c)(5) and 17.32(c)(5)) for the covered species. In addition to 
meeting other criteria, actions to be performed under an enhancement of 
survival permit must not jeopardize the existence of federally listed 
fish, wildlife, or plants.

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). We explain 
the basis for this determination in an Environmental Action Statement 
that is also available for public review.
    Individuals wishing copies of the our Environmental Action 
Statement, and/or copies of the full text of the Agreement, including a 
map of the proposed permit area, should contact the office and 
personnel listed in the ADDRESSES section above.
    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.
    The Service will evaluate this permit application, associated 
documents, and comments submitted to determine whether the permit 
application meets the requirements of section 10(a) of the Act and NEPA 
regulations. If the Service determines that the requirements are met, 
we will sign the proposed Agreement and issue enhancement of survival 
permits under section 10(a)(1)(A) of the Act to participants for take 
of the covered species incidental to otherwise lawful activities in 
accordance with the terms of the Agreement. The Service will not make 
our final decision until after the end of the 30-day comment period and 
will fully consider all comments received during the comment period.
    The Service provides this notice pursuant to section 10(c) of the 
Act and pursuant to implementing regulations for NEPA (40 CFR 1506.6).

    Dated: October 17, 2013.
Jennifer M. Norris,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento, 
[FR Doc. 2013-24806 Filed 10-22-13; 8:45 am]