[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Notices]
[Pages 36841-36842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15708]
[[Page 36841]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2014-N106; FXHC-1113-0000-F3]
Proposed Safe Harbor Agreement for the Shasta Crayfish on Rock
Creek, in Shasta County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; receipt of application.
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SUMMARY: This notice advises the public that Pacific Gas and Electric
Company (applicant) has applied to the U.S. Fish and Wildlife Service
(Service) for an Enhancement of Survival permit under the Endangered
Species Act of 1973, as amended (Act). The permit application includes
a proposed safe harbor agreement (agreement) between the applicant and
the Service for the federally endangered Shasta crayfish. The agreement
is available for public comment.
DATES: To ensure consideration, please send your written comments by
July 27, 2015.
ADDRESSES: Send comments to Mr. Rick Kuyper, via U.S. mail at U.S. Fish
and Wildlife Service, 2800 Cottage Way, Room W-2605, Sacramento, CA
95825, or via email at richard_kuyper@fws.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Kuyper, Sacramento Fish and
Wildlife Office (see ADDRESSES); telephone: (916) 414-6649.
SUPPLEMENTARY INFORMATION: This notice advises the public that Pacific
Gas and Electric Company (applicant) has applied to the U.S. Fish and
Wildlife Service (Service) for an Enhancement of Survival permit under
the Act (16 U.S.C. 1531 et seq.). The permit application includes a
proposed safe harbor agreement (agreement) between the applicant and
the Service for the federally endangered Shasta crayfish (Pacifastacus
fortis). The agreement is available for public comment.
Availability of Documents
You may obtain copies of the document for review by contacting the
individual named above. You may also make an appointment to view the
document at the above address during normal business hours.
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. 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, or 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 the Code of Federal Regulations (CFR) at 50 CFR 17.22(c) and
17.32(c). An enhancement of survival permit allows any necessary future
incidental take of species above the mutually agreed upon baseline
conditions for the species, as long as the take is in accordance with
the terms and conditions of the permit and accompanying agreement. The
federally endangered Shasta crayfish is also listed as endangered under
the California Endangered Species Act, and the Service has worked
closely with the California Department of Fish and Wildlife during the
development of this safe harbor agreement.
Proposed Safe Harbor Agreement for the Shasta Crayfish
The agreement would cover a 200-foot buffer along both sides of
Rock Creek located on the applicant's property (enrolled property). One
section of Rock Creek, known as the Upper Pool, has no direct inflow or
outflow from surface waterways and is fed by an isolated spring that
flows from an extensive basalt lava flow. The Upper Pool has barriers
both upstream and downstream that prevent species that prey upon, or
compete with, Shasta crayfish from entering. Currently, Rock Creek does
not contain Shasta crayfish, predatory species, or nonnative crayfish
that would compete with and prey upon the Shasta crayfish. Because the
Upper Pool does not contain Shasta crayfish, the baseline for the
agreement would be zero individuals, but the existing habitat would
remain in place. Other native aquatic flora and fauna that could be
important for Shasta crayfish are present and plentiful. The applicant
has agreed to allow the Service to relocate Shasta crayfish from
another nearby location to the Upper Pool which will establish a new
population within the species' historical range. Some incidental take
of Shasta crayfish could occur in the future during routine maintenance
and operation activities, timber management activities, and other
activities as described in the agreement. These activities would be
conducted by the applicant and also by Crystal Lake Fish Hatchery
staff. Should the applicant elect to return the enrolled property to
baseline conditions, the agreement has a provision that allows the
Service access to the property to capture and relocate Shasta crayfish
to other suitable habitat. The agreement would be in effect until 2043.
Upon approval of this agreement and satisfactory completion of all
other applicable legal requirements, and consistent with the Service's
Safe Harbor Policy (64 FR 32717), the Service would issue an
enhancement of survival permit to the applicant. This permit will
authorize the applicant to take Shasta crayfish incidental to the
following: (1) Implementation of the management activities specified in
the agreement; (2) other lawful uses of the property, including ongoing
and routine land management activities; and (3) a return to baseline
conditions, if desired by the applicant.
An applicant would receive assurances under our ``No Surprises''
regulations (50 CFR 17.22(c)(5) and 17.32(c)(5)) for Shasta crayfish.
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; 42 U.S.C.
4321 et seq.). We explain the basis for this determination in an
environmental action statement, which is also available for public
review.
Individuals wishing copies of the 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.
[[Page 36842]]
The Service 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 regulations. If the Service determines 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 Shasta crayfish 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.
Authority
The Service provides this notice pursuant to section 10(c) of the
Act and pursuant to implementing regulations for NEPA (40 CFR 1506.6).
Jennifer M. Norris,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento,
California.
[FR Doc. 2015-15708 Filed 6-25-15; 8:45 am]
BILLING CODE 4310-55-P