[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Notices]
[Pages 4523-4525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02549]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2018-N118; FXES11130200000-189-FF02ENEH00]
Draft Safe Harbor Agreement Amendment and Application for an
Enhancement of Survival Permit, Tres Rios Project, Phoenix, Arizona
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce
receipt of an application to amend an existing enhancement of survival
permit from the City of Phoenix under the Endangered Species Act. The
requested amended permit would authorize a change in baseline for the
southwestern willow flycatcher, adjust the enrolled land acreage to
reflect City land boundaries, and include the yellow-billed cuckoo in
the Safe Harbor Agreement and the enhancement of survival permit
associated with the City's Tres Rios Water Project. We invite the
public to review and comment on the permit application and the
associated draft safe harbor agreement amendment (SHA amendment). In
accordance with National Environmental Policy Act (NEPA) requirements,
we have determined that the proposed permit action qualifies for a
categorical exclusion. We are accepting comments on the draft SHA
amendment, and also on a draft NEPA screening form.
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DATES: Submitting Comments: We will accept comments received or
postmarked on or before March 18, 2019.
ADDRESSES: Obtaining Documents: You may obtain copies of the documents
by any of the following methods:
Internet: Download the documents at https://www.fws.gov/southwest/es/arizona/.
U.S. Mail: You may receive a CD-ROM or hard copies by mail
by writing to the Field Supervisor, U.S. Fish and Wildlife Service,
9828 North 31st Avenue, Phoenix, AZ 85051-2517; calling (602) 242-0210;
faxing (602) 242-2513, or emailing FW2_HCP_Permits@fws.gov.
In-Person Document Review: Copies of the documents are
also available for public inspection and review, by appointment only,
at the Service's Phoenix office (address above) or at the U.S. Fish and
Wildlife Service, 500 Gold Avenue SW, Room 6093, Albuquerque, NM 87102;
(505) 248-6401.
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/Tres Rios Project in Phoenix, Arizona'':
U.S. Mail: 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 above.
Generally, we will post any personal information you provide us (see
Public Availability of Comments).
FOR FURTHER INFORMATION CONTACT: Jeff Humphrey, Field Supervisor, 602-
242-0210 (telephone).
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce receipt of the City of Phoenix'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 Phoenix to
continue operation and maintenance activities associated with the Tres
Rios Project, including maintenance of vegetation, roads, trails, water
delivery systems, flood control capacity, and storm water facilities.
The project area runs from approximately 91st Avenue downstream to the
confluence of the Gila and Salt Rivers, and then west along the Gila
River to approximately El Mirage Road in Maricopa County, Arizona. The
amendment to the permit would make three changes to the original
permit: (1) Add the yellow-billed cuckoo (Coccyzus americanus) to the
City's 2014 SHA; (2) adjust the enrolled acreage from the 927 acres
specified in the 2014 SHA to 924 acres, in order to rectify boundary
errors; and (3) adjust covered species baselines to reflect the 2015
habitat assessment, which better represents the area and its
conservation benefit. The baseline for the Yuma Ridgway's (clapper)
rail (Rallus obsoletus [=longirostris] yumanensis) remains at 5 acres.
The southwestern willow flycatcher (Empidonax traillii extimus)
baseline changed from 22.5 acres to a zero baseline, and we determined
that the yellow-billed cuckoo baseline is 6 acres.
The applicant plans to continue operation and maintenance
activities associated with the Tres Rios Project, Tempe Reach,
including maintenance of vegetation, roads, trails, water delivery
systems, flood control capacity, and storm water facilities. Initial
implementation of the Tres Rios Project was a cooperative project
between the applicant and the U.S. Army Corps of Engineers to restore,
enhance, and maintain 924 acres of native riparian and wetland
vegetation along the lower Salt and Gila Rivers in Maricopa County,
Arizona.
We invite the public to review and comment on the permit amendment
and the associated draft safe harbor agreement amendment (draft SHA
amendment). In accordance with National Environmental Policy Act (NEPA;
42 U.S.C. 4321 et seq.) requirements, we have determined that the
proposed action qualifies for a categorical exclusion. We are accepting
comments on the permit application, draft SHA amendment, and draft NEPA
screening form, which supports using a categorical exclusion.
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 an amended permit
to the City of Phoenix for covered activities in the permit area for up
to 50 years, pursuant to section 10(a)(1)(A) of the ESA. The amended
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 Phoenix to implement
conservation measures to improve habitat for the covered species on
Tres Rios lands while allowing for covered activities within the
project area to continue.
To meet ESA section 10(a)(1)(A) permit requirements for the
proposed amendment, the applicant developed and proposes to implement
the SHA amendment, which describe the actions the City of Phoenix has
agreed to undertake to improve habitat within the Tres Rios project
area.
Expected benefits include, but may not be limited to improvement of
riparian habitat that can be used by covered species and other native
fauna, limiting the amount of new disturbance to riparian habitat, and
improving public environmental education.
We will evaluate the permit amendment request along with associated
documents and comments we receive to determine whether the permit
amendment meets the requirements of the ESA, NEPA, and implementing
regulations. If we determine that all requirements are met, we will
approve the draft SHA amendment and amend the associated permit. 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.
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 (5 U.S.C. 552), 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. Moreover,
all submissions from organizations or
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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 its
implementing regulations (50 CFR 17.22 and 17.32), and NEPA (42 U.S.C.
4371 et seq.) and its implementing regulations (40 CFR 1506.6).
Amy Lueders,
Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2019-02549 Filed 2-14-19; 8:45 am]
BILLING CODE 4333-15-P