[Federal Register Volume 78, Number 237 (Tuesday, December 10, 2013)]
[Notices]
[Pages 74159-74160]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29463]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R6-ES-2013-N197; FXES11110600000 FUND 145]
Programmatic Candidate Conservation Agreement With Assurances for
Least Chub Receipt of Application for Enhancement of Survival Permit
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; receipt of application.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from the Utah Division of Wildlife Resources
(UDWR) for an enhancement of survival permit (permit) under the
Endangered Species Act of 1973, as amended (Act). The permit
application includes a proposed programmatic Candidate Conservation
Agreement with Assurances (CCAA) for the least chub, a fish endemic to
the Bonneville Basin of Utah. We have made a preliminary determination
that the proposed CCAA and permit issuance are eligible for categorical
exclusion under the National Environmental Policy Act of 1969 (NEPA).
The basis for our preliminary determination is contained in an
Environmental Action Statement. We are accepting comments on the permit
application, the proposed CCAA, and the Environmental Action Statement.
DATES: We must receive comments no later than January 9, 2014.
ADDRESSES: Address all written comments to Larry Crist, by U.S. mail at
the Utah Field Office, U.S. Fish and Wildlife Service, 2369 West Orton
Circle, Suite 50, West Valley City, UT 84119; by facsimile at 801-975-
3331; or by email to larry_crist@fws.gov.
FOR FURTHER INFORMATION CONTACT: Larry Crist, Utah Field Office
Supervisor, at 801-975-3330. If you use a telecommunications device for
the deaf, you may call the Federal Information Relay Service at 800-
877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from the Utah Division of
Wildlife Resources (UDWR) for an enhancement of survival permit
(permit) under the Endangered Species Act of 1973, as amended (Act; 16
U.S.C. 1531 et seq.).
The permit application includes a proposed programmatic Candidate
Conservation Agreement with Assurances (CCAA) for the least chub
(Iotichthys phlegethontis). We have made a preliminary determination
that the proposed CCAA and permit application are eligible for
categorical exclusion under the National Environmental Policy Act of
1969 (NEPA; 42 U.S.C. 4321 et seq.). The basis for our preliminary
determination is contained in an Environmental Action Statement. We are
accepting comments on the permit application, the proposed CCAA, and
the Environmental Action Statement.
Candidate Conservation Agreements With Assurances (CCAA)
Under a Candidate Conservation Agreement with Assurances (CCAA),
participating landowners voluntarily undertake management activities on
their property to enhance, restore, or maintain habitat benefiting
species that are proposed for listing or candidates for listing under
the Endangered Species Act of 1973, as amended (the Act; 16 U.S.C. 1531
et seq.), or those species that may become candidates. Candidate
Conservation Agreements with Assurances, and the subsequent 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 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, if that species becomes listed under the Act in the
future. Candidate Conservation Agreement with Assurances permit
application requirements and issuance criteria are found in 50 CFR
17.22(d) and 17.32(d).
About This Proposed CCAA
The purpose of this CCAA is for the Service to partner with the
UDWR and participating non-Federal property owners (Participants) to
implement conservation measures for least chub in a manner that is
consistent with our Policy on CCAAs (June 17, 1999; 64 FR 32726) and
applicable regulations. The conservation goal of this CCAA is to reduce
the threats to least chub and its habitat and increase the number of
viable, stable, and secure least chub populations within the species'
historic range. The CCAA project area includes all non-Federal lands in
the Bonneville Basin of Utah encompassed by the current and historic
distribution of least chub, including potentially suitable habitats
within the following Utah counties: Beaver, Box Elder, Cache, Davis,
Garfield, Iron, Juab, Kane, Millard, Morgan, Piute, Rich, Salt Lake,
Sanpete, Sevier, Summit, Tooele, Utah,
[[Page 74160]]
Weber, Wasatch, and Washington. However, the CCAA is programmatic, and,
as such, we cannot identify site-specific project locations at this
time.
This proposed CCAA represents a significant milestone in the
cooperative conservation efforts for least chub and is consistent with
section 2(a)(5) of the Act, which encourages creative partnerships
among public, private, and government entities to conserve imperiled
species and their habitats. As identified in our CCAA Final Policy (64
FR 32726), and regulations at 50 CFR 17.22, to enter into a CCAA and
issue a permit and assurances, we must determine that the conservation
measures and expected benefits, when combined with those benefits that
would be achieved if it is assumed that similar conservation measures
were also implemented on other necessary properties, would preclude or
remove the need to list least chub. Consistent with the CCAA policy,
meeting the CCAA standard does not depend on the number of acres
enrolled, and adoption of the CCAA and enrollment of property owners
does not guarantee that listing will be unnecessary. Through a separate
finding, we will determine whether this CCAA meets the standard
specified in the CCAA policy and regulations.
Non-Federal land makes up a large proportion of the land within the
historic range of least chub. While we currently have willing voluntary
non-Federal landowners interested in least chub conservation, there is
not a federally recognized document providing regulatory assurances for
these landowners in the case that least chub becomes federally listed
under ESA. The proposed CCAA will provide protection and incentive to
these property owners and will likely encourage additional property
owners to consider conservation actions for least chub on their
properties. The greater the number we have of willing participants in
least chub conservation, the greater the likelihood that we are able to
achieve our conservation goals for least chub.
Least chub conservation will be enhanced by providing ESA
regulatory assurances for participating property owners. Participating
property owners will have assurances that, if the species is listed
under the ESA in the future, we would not impose additional commitments
or land use restrictions as long as the CCAA is properly implemented.
Enrollment of property owners under this CCAA will provide an
additional pathway to achieve the conservation goal of establishing two
or more refuge populations representing each wild population.
Determining Whether To Issue the Permit
When determining whether to issue the permit, we will consider a
number of factors and information sources, including the project's
administrative record, any public comments received, and the
application requirements and issuance criteria for CCAAs contained in
50 CFR 17.22(d) and 17.32(d). We will also evaluate whether the
issuance of the permit complies with section 7 of the Act by conducting
an intra-Service consultation. The results of this consultation, in
combination with the above findings, regulations, and public comments,
will determine whether or not to issue the permit. The proposed CCAA
also provides Participants with regulatory assurances that, in the
event of unforeseen circumstances, we would not require additional
conservation measures or the commitment of additional land, water, or
resource use restrictions beyond the level obligated in the proposed
CCAA, without the consent of the Participant and the UDWR.
We have made a preliminary determination that the proposed CCAA and
permit issuance are eligible for categorical exclusion under NEPA. The
basis for this determination is the Environmental Action Statement,
which is available for public review (see ADDRESSES).
Public Availability of Comments
If you wish to comment on the proposed CCAA and associated
documents, you may submit your comments to the Service (see ADDRESSES).
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.
Next Steps
We will evaluate this permit application, associated documents, and
comments submitted thereon to determine whether the permit application
meets the requirements of section 10(a) of the Act and NEPA (40 CFR
1506.6). When we determine that the requirements are met, we will sign
the proposed Agreement and issue a permit under section 10(a)(1)(A) of
the Act to the Applicants for take of the covered species 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; we will fully
consider all comments received during the comment period.
Authority: The Service provides this notice under section 10(c)
of the Act and implementing regulations for NEPA (40 CFR 1506.6).
Dated: November 18, 2013.
Larry Crist,
Field Supervisor, Salt Lake City, Utah.
[FR Doc. 2013-29463 Filed 12-9-13; 8:45 am]
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