[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Pages 44297-44298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18809]
[[Page 44297]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2018-N078; FXES11130200000-189-FF02ENEH00]
Draft Safe Harbor Agreement Amendment and Application for an
Enhancement of Survival Permit for the Rio Salado Project, in Tempe,
Arizona
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce
receiving the City of Tempe's survival enhancement permit application,
under the Endangered Species Act. The requested amended permit would
allow for the City of Tempe to conduct, to a greater degree, adaptive
biological monitoring and would authorize incidental take of the
yellow-billed cuckoo as a result of operation and maintenance
activities associated with the Rio Salado Project, in the City of Tempe
(Tempe Reach), Maricopa County, AZ. In accordance with National
Environmental Policy Act (NEPA) requirements, we have determined that
the proposed action qualifies under a categorical exclusion. We are
accepting comments on the draft safe harbor agreement amendment (Draft
SHA Amendment), and draft NEPA screening form supporting the use of a
categorical exclusion.
DATES: Submission of Comments: We will accept comments received or
postmarked on or before October 1, 2018.
ADDRESSES:
Obtaining Documents: You may obtain copies of the documents at
https://www.fws.gov/southwest/es/arizona/. Alternatively, you may
obtain CD-ROMs with electronic copies of the documents by writing to
the Acting Field Supervisor, U.S. Fish and Wildlife Service, 9828 North
31st Avenue, Phoenix, AZ 85051-2517; calling (602) 242-0210; faxing
(602) 242-2513, as well as by email. A limited number of printed copies
of the documents are also available, by request, from the Acting Field
Supervisor. Copies of the documents are also available for public
inspection and review, by appointment only, at the Service's Phoenix
office (above) or at U.S. Fish and Wildlife Service, 500 Gold Avenue
SW, Room 6093, Albuquerque, NM 87102.
Submitting Comments: To submit written comments, please use one of
the following methods, and note that your comment is in reference to
the Draft SHA Amendment and Application for an Enhancement of Survival
Permit for the Rio Salado, Tempe, AZ.
U.S. Mail: Brenda Smith, Acting Field Supervisor, Phoenix
office (address above).
Fax: (602) 242-2513.
Email: FW2_HCP_Permits@fws.gov.
We request that you submit comments only by the methods described
above. Generally, we will post any personal information you provide us
(see Public Availability of Comments for more information).
FOR FURTHER INFORMATION CONTACT: Brenda Smith, Acting Field Supervisor,
(602) 242-0210 (telephone).
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce receiving the City of Tempe's application to amend
an existing enhancement of survival permit under the Endangered Species
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The requested
amended permit would allow for the City of Tempe to conduct, to a
greater degree, adaptive biological monitoring (annual monitoring until
2020, and then at least every 3 years after), and would authorize
incidental take of the yellow-billed cuckoo as a result of operation
and maintenance activities associated with the Rio Salado Project,
Tempe Reach (approximately from McClintock Drive to Priest Drive,
excluding Tempe Town Lake within the Salt River floodplain). The
amended permit would expire on May 1, 2058, to coincide with the
expiration date of the original permit (50 years after the issuing date
of May 1, 2008). We invite the public to review and comment on the
Draft SHA Amendment and draft NEPA screening form supporting the use of
a categorical exclusion in accordance with the National Environmental
Policy Act (NEPA; 42 U.S.C. 4321 et seq.).
The applicant plans to conduct operation and maintenance activities
associated with the Rio Salado Project, Tempe Reach, including
maintenance of vegetation, roads, trails, water delivery system, flood
control capacity, and storm water facilities. Initial implementation of
the Rio Salado Project, Tempe Reach, was a cooperative project between
the Applicant and the U.S. Army Corps of Engineers to restore, enhance,
and maintain 159 acres of native riparian and wetland vegetation along
the lower Salt River in Maricopa County, Arizona.
Background
Enhancement of survival permits issued for safe harbor agreements
encourage non-Federal landowners, including non-Federal operators
holding easements on private lands, to implement conservation measures
for habitat that is, or is likely to develop into, suitable habitat for
listed species, by assuring landowners/operators that they will not be
subjected to increased property use restrictions if suitable habitat
develops and the covered species is detected in the future. Application
requirements and enhancement of survival permit issuance criteria for
safe harbor agreements are provided under section 10(c) of the ESA and
its implementing regulations from the Code of Federal Regulations (CFR)
at 50 CFR 17.22, and the NEPA and its implementing regulations at 40
CFR 1506.6.
Proposed Action
The proposed action is the Service's issuance of a permit for
covered activities in the permit area for up to 50 years, pursuant to
section 10(a)(1)(A) of the ESA. The permit would cover ``take'' of the
yellow-billed cuckoo associated with covered activities occurring
within the permit area.
The Draft SHA Amendment commits the City of Tempe to implement
conservation measures to improve habitat for the covered species on Rio
Salado lands uses while allowing for covered activities within the
project area to continue.
To meet section 10(a)(1)(A) permit requirements, the applicant
developed and proposes to implement the SHA and SHA Amendment, which
describe the actions the City of Tempe has agreed to undertake to
improve habitat within the Rio Salado Project, Tempe Reach, area.
Expected benefits include, but may not be limited to: Improvement
of riparian habitat which can be used by both covered species and other
native fauna, limiting the amount of new disturbance to riparian
habitat, and improving environmental exposure to the public.
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 approve the SHA
Amendment. We will fully consider all comments we receive during the
public comment period, and we will not make our final decision until
after the comment period ends.
[[Page 44298]]
Public Availability of Comments
All comments we receive become part of the public record associated
with this action. Requests for copies of comments will be handled in
accordance with the Freedom of Information Act, NEPA, and Service and
Department of the Interior policies and procedures. 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 to withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so. All submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, will be made available for public disclosure in their
entirety.
Authority
We provide this notice under section 10(c) of the ESA and ESA
implementing regulations (50 CFR 17.22 and 17.32) and NEPA (42 U.S.C.
4371 et seq.) and it's implementing regulations (40 CFR 1506.6).
Dated: August 20, 2018.
James Broska,
Acting Deputy Regional Director, Southwest Region, Albuquerque, New
Mexico.
[FR Doc. 2018-18809 Filed 8-29-18; 8:45 am]
BILLING CODE 4333-15-P