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Intent To Prepare a Joint Environmental Impact Statement/ Environmental Impact Report for the Reintroduction of the Riparian Brush Rabbit

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 [Federal Register: July 28, 2000 (Volume 65, Number 146)]
[Notices]
[Page 46489-46492]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jy00-105]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Intent To Prepare a Joint Environmental Impact Statement/
Environmental Impact Report for the Reintroduction of the Riparian
Brush Rabbit

AGENCY: Fish and Wildlife Service, Interior (Lead Agency).

ACTION: Notice of intent.

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SUMMARY: The Fish and Wildlife Service (Service), Bureau of Reclamation
(Reclamation), California Department of Fish and Game (CDFG), and the
Endangered Species Recovery Program (ESRP) through California State
University, Stanislaus, propose to participate in the reintroduction of
the riparian brush rabbit (Sylvilagus bachmani riparius), which is
federally listed as endangered, to restored riparian habitat.
    The strategy for the conservation (i.e. recovery) of the riparian
brush rabbit was published in the Recovery Plan for the Upland Species
of the San Joaquin Valley (U.S. Fish and Wildlife Service 1998). This
recovery plan outlines research and management actions necessary to
support recovery of the species. It is the intent of the Service to
recover federally listed species through actions which will lead to the
maintenance of secure, self-sustaining wild populations of species with
the minimum necessary investment of resources. In the case of a species
as at risk of extinction as the riparian brush rabbit, efforts
necessary to bring about recovery often require extraordinary measures.
Because of the small size of remaining blocks of potential habitat, and
the severely limited dispersal capability of the riparian brush rabbit,
the brush rabbit is likely to require continuing special protection of
its habitat and population. More specifically, captive breeding is
needed to increase riparian brush rabbit numbers and preserve genetic
diversity. Additionally, the release of their progeny will be needed to
enhance existing populations as necessary and to

[[Page 46490]]

establish reintroduced populations within the historic range.
    The action proposed in this Notice of Intent, the reintroduction of
riparian brush rabbits to restored riparian habitat, is considered a
beneficial action. The Service does, however, recognize that there may
be impacts to the human environment associated with reintroduction.
    This notice describes the proposed action and possible
alternatives, invites public participation in the scoping process for
preparing the joint Environmental Impact Statement/Environmental Impact
Report, solicits written comments, and identifies the Service Official
to whom questions and comments concerning the proposed action and the
Environmental Impact Statement may be directed.

DATES: A public scoping meeting to solicit public comment on the
proposed action and alternatives will be held on August 16, 2000, at
the Manteca library, Manteca, California from 4:30 to 6:30 p.m. Written
comments are encouraged and should be received on or before August 28,
2000.

ADDRESSES: Information, comments, or questions related to preparation
of the Environmental Impact Statement and the National Environmental
Policy Act process should be submitted to Wayne White, Field
Supervisor, U.S. Fish and Wildlife Service, Sacramento Fish and
Wildlife Office, 2800 Cottage Way, W-2605, Sacramento, California
95825. Written comments may also be sent by facsimile to (916) 414-
6713. All comments, including names and addresses, will become part of
the administrative record and may be released.

FOR FURTHER INFORMATION CONTACT: Questions regarding the scoping
process or preparation of the Environmental Impact Statement may be
directed to Ms. Heather Bell, U.S. Fish and Wildlife Service, 2800
Cottage Way, Suite W-2605, Sacramento, CA 95825-1888 (telephone 916-
414-6600; email heather_bell@fws.gov) for questions concerning the
Environmental Impact Report process under the California Environmental
Quality Act, please contact Mr. Ron Schlorff, California Department of
Fish and Game, 1416 9th Street, Sacramento, CA 95814-5509 (telephone
916-654-4262; email rschlorf@dfg.ca.gov).

SUPPLEMENTARY INFORMATION:

Background

    Only two very small populations of riparian brush rabbit are known
to exist (a population in Caswell Memorial State Park [MSP] and one in
the Delta. Both populations face severe and proximate extinction due to
various factors. One goal in the Conservation Recommendations for the
riparian brush rabbit, as identified in the Recovery Plan for Upland
Species of the San Joaquin Valley (Recovery Plan) (U.S. Fish and
Wildlife Service 1998), is the reestablishment of at least three wild
populations, in addition to the one at Caswell MSP, each with no less
than 300 adults during average years during a precipitation cycle in
the San Joaquin Valley in restored and expanded suitable habitat within
the rabbit's historic range. Because the Caswell MSP and Delta
populations remain in isolated pockets of habitat, and the species
exhibits low vagility (ability to move between patches of habitat), the
natural process of repatriation (dispersal into remaining habitat) is
improbable. Reintroductions from existing populations are required to
achieve the goal of establishing three wild populations. An action
identified in the Recovery Plan which will help to accomplish this is
the implementation of a captive breeding program and a reintroduction
program. The Caswell MSP population is currently too small,
nonproductive, and lacking in sufficient genetic variety to serve as
the best source of rabbits for direct reintroduction. The Delta
population has somewhat greater genetic diversity and, therefore, is
intended to be used as the source of individuals for the captive
breeding program. Captive breeding will take place on land owned by the
California Department of Water Resources within large enclosed pens of
natural habitat. The captive breeding program is designed to produce
enough individuals with the highest possible genetic variability for
reintroduction. The reintroduction would involve preparation of a
reintroduction plan, site assessments, and varying degrees of riparian
restoration, refugia construction, hunting restrictions, fire
management, and finally, monitoring to insure that site specific goals
as well as recovery goals are being met. Alternatives are being sought
as to where and under what conditions populations will be reestablished
through reintroduction.

Project Location

    The reintroduction sites are yet to be determined, however, the
general area for reintroduction will be within the historic range of
the riparian brush rabbit. The riparian brush rabbit most likely ranged
throughout the extensive riparian forests along major streams flowing
onto the floor of the northern San Joaquin Valley (64 FR 8881). This
includes the San Joaquin River and its tributaries, one of which is the
Stanislaus River, current site of the Caswell MSP population. We also
now have confirmation that the riparian brush rabbit extends northward
into the Delta (Dr. Daniel Williams, CSU, Stanislaus, pers. comm.
1999). Directed restoration of habitat for the reintroduction of
riparian brush rabbits will be conducted and coordinated with several
other agencies who are restoring riparian habitat, as well as willing
private landowners. For example, the U.S. Army Corps of Engineers is
restoring riparian habitat for ecosystem functioning and improved flood
flow capacity along the Stanislaus and San Joaquin Rivers. Reclamation
also has authority and funding for conservation of natural resources;
it allocates funds--through the Central Valley Project Improvement
Act--for the restoration of habitats impacted by the Central Valley
Project. Furthermore, the Service is expanding the San Joaquin River
National Wildlife Refuge to provide protection and potential
enhancement of essential habitat for the riparian brush rabbit and
other species. It is anticipated that the Refuge land will be the first
site available to receive rabbits. Specific site locations for
reintroduction will be ranked based on a set of requirements proposed
below. Tiered environmental documents would be prepared once site
locations have been identified.

Proposed Action

    The 1998 Recovery Plan for Upland Species of the San Joaquin Valley
(U.S. Fish and Wildlife Service 1998) identifies the conservation
strategy for the riparian brush rabbit which involves implementation of
a captive breeding program and an accompanying reintroduction program
as a means to achieve recovery. The captive breeding program would
provide animals for the establishment of at least three wild
populations (additional to the Caswell MSP population) in the San
Joaquin Valley, in restored and expanded suitable habitat within the
rabbit's historic range. It is anticipated that the Reintroduction
program would consist of at least the following elements: (1)
Preparation of a reintroduction plan; (2) development of site
assessment criteria; (3) restoration of riparian habitat, as
appropriate, at chosen sites; (4) construction of appropriate refugia
(from flooding); (5) implementation of hunting restrictions; (6) fire
management; and (7) implementation of a monitoring program to track the
progress of the Reintroduction program.

[[Page 46491]]

    Specific site locations for reintroduction within the historic
range will be ranked based on a set of additional criteria which will
include but are not limited to the following factors:
     Assessment of disease risk,
     Public or private ownership of property,
     Assessment of flood risk and availability of refugia
during high water,
     Degree of riparian restoration required, and
     Degree of land use conflict.
    Funding for the Reintroduction program for riparian brush rabbits
is anticipated to come from several public agencies and associated
programs including, but not necessarily limited to the Service,
Reclamation, CDFG, and the CALFED (a program formalized by a Framework
Agreement where State and Federal agencies work together on Bay-Delta
Estuary management issues) program.
    More cooperators are possible as the process continues. Potential
partners include: Natural Resources Conservation Service, U.S.
Department of Agriculture, U.S. Army Corps of Engineers, U.S.
Department of the Army, California Department of Parks and Recreation,
California Department of Water Resources, California Reclamation Board,
and other public and private owners of riparian or riverbank land.
    This action is being proposed under the authority of the Endangered
Species Act of 1973, as amended. Take authorization under section
10(a)(1)(A) of the Endangered Species Act would be issued to ESRP to
carry out the capture, propagation, and reintroduction program.

Alternatives

    Over the past several years, the Service and Reclamation have been
working together to prevent extirpation of the riparian brush rabbit at
Caswell MSP. Due to the low numbers of individuals following the floods
in January of 1997 and 1998 and the sluggish increase since then, we
began deliberating the implementation of a captive breeding program to
augment the population and provide individuals for reestablishment of
populations within historic habitat. Reestablishment, through
reintroduction, will protect the species from catastrophic events, such
as flooding, which could lead to extinction. With the discovery that
another population of riparian brush rabbits exist on private land in
the Delta, and that this population is at risk due to both human
activities (fire control measures and habitat conversion) and
catastrophic events (wildfire), completing the facility for the captive
breeding program became urgent. Rabbits are scheduled to be brought
into captivity in the fall of 2000, and reintroductions are projected
to begin in the fall of 2001. This necessitates establishing a
reintroduction program expediently and beginning preparation of sites
as soon as possible. Therefore, we need to determine where and under
what conditions populations will be reestablished through
reintroduction. Reintroduction choices might include:
     Private versus government land,
     Existing habitat versus restored or enhanced habitat, or
     Sites at or near Caswell MSP, the capture area in the
Delta, San Joaquin National Wildlife Refuge, or at other locations in
the brush rabbit's historical range.
    Several considerations have influenced the alternatives we are
considering. We will be choosing reintroduction sites within the
historic range of the riparian brush rabbit. The riparian brush rabbit
probably inhabited much of the riparian habitat that existed
historically along the rivers and sloughs on the valley floor of the
northern San Joaquin Valley. However, most of the original riparian
woodland and brushland has been destroyed. We plan to choose specific
sites according to their rank based on the factors needed for the
habitat to be suitable. To reduce potential land use conflicts, we will
concentrate our efforts on public lands, with the possibility of
incorporating adjacent areas where conservation easements or fee title
acquisitions may become available from willing sellers.
    Another consideration that we expect to be important to the success
of reintroduction is the relative ease of management of the
reintroduction sites. The flood events of recent years demonstrate the
value of having flood refugia in areas to be managed for riparian brush
rabbits. Similarly, recent fires in the Delta area where brush rabbits
have been found demonstrate the importance of being able to manage fire
breaks, fuel loads, and water supplies for fire suppression to insure
the safety of the brush rabbits, as well as minimizing risks to human
property and safety.
    One of the types of land we are strongly considering is National
Wildlife Refuge land. Management for good ecosystem functioning,
healthy populations of native wildlife species, and conservation of
endangered species is already part of the recognized purpose of Refuge
lands, and preliminary discussions with National Wildlife Refuge
managers indicate they are willing to participate in reestablishing
riparian brush rabbits on the Refuges. Other properties, already in
government ownership or available from willing sellers, are also being
considered. We do not foresee conflicts between rabbit reintroduction
and most neighboring land uses because riparian brush rabbits remain
near brush cover. However, we know that we must give careful
consideration to the compatibility of brush rabbit management with the
existing purposes and uses of such lands. This issue, in particular, is
one for which we are seeking public input. We want to consider all
possible conflicts. We welcome suggestions for sites with potential
habitat and harmonious land uses. Please be sure to include as much
information on these points as possible in your comments to us.
    The Environmental Impact Statement will consider the proposed
action (reintroduction of the riparian brush rabbit into restored
historic habitat) and reasonable alternatives. Potential alternatives
may include the reintroduction of rabbits only in areas of existing
riparian habitat, and the ``No Action'' alternative. The preferred
alternative (the proposed action) entails assessing an array of sites
for suitability, managing to maximize ecosystem function and safety,
and implementing controlled reintroductions as the suitability of each
site becomes adequate and as the number of rabbits available becomes
sufficient. The potential alternative of reintroducing riparian brush
rabbits into areas of existing riparian habitat has limitations as
there is little publically owned land which has existing riparian
habitat that would immediately be suitable for rabbits during flooding
events. The No Action alternative is one in which no reintroduction of
the riparian brush rabbits will take place, with the resulting
probability of their extinction. As a result of the scoping process, it
is expected that these preliminary project alternatives will be further
refined and/or additional alternatives considered. Once identified, the
final alternatives will be carried forward into detailed analyses
pursuant to the National Environmental Policy Act (NEPA) of 1969, as
amended (42 U.S.C. 432 et seq.) and the California Environmental
Quality Act (CEQA) of 1970, as amended (Public Resources Code, Section
21000-21177).
    Potential impacts identified thus far include possible land use
restrictions (hunting, rodenticide use, vegetation management, levee
maintenance), economic impacts (conservation and

[[Page 46492]]

flood easement restriction enforcement, land acquisition, riparian
restoration, nonnative species control, fire management, species and
habitat monitoring, perceived devaluation of property values), impacts
to the riparian brush rabbit (mortality during acclimation, disease
transference), and cultural resource impacts due to riparian
restoration or refugia construction.

Scoping Process

    The Service and the CDFG are preparing a joint Environmental Impact
Statement/Report (EIS/R) to address potential impacts associated with
implementing their respective discretionary actions for the proposed
project. The Service is the lead Federal agency and Reclamation is a
cooperator for compliance with NEPA for the Federal aspects of the
project, and the CDFG is the lead State agency for compliance with CEQA
for the non-Federal aspects of the project. The Draft EIS/R (DEIS/R)
document will incorporate public concerns in the analysis of impacts
associated with the Proposed Action and associated project
alternatives. The DEIS/R will be sent out for a minimum 45-day public
review period, during which time both written and verbal comments will
be solicited on the adequacy of the document. The Final EIS/R (FEIS/R)
will address the comments received on the DEIS/R during public review,
and will be furnished to all who commented on the DEIS/R, and made
available to anyone who requests a copy during a minimum 30-day period
following publication of the FEIS/R. The final steps involve, for the
Federal EIS, preparing a Record of Decision (ROD) and, for the State
EIR, certifying the EIR and adopting a Mitigation Monitoring and
Reporting Plan. The ROD is a concise summary of the decisions made by
the Service (in cooperation with Reclamation) from among the
alternatives presented in the FEIS/R. A certified EIR indicates that
the environmental document has been completed in compliance with CEQA,
that the decision-making body of the lead agency reviewed and
considered the FEIR prior to approving the project; and that the FEIR
reflects the lead agency's independent judgement and analysis.
    This notice is provided pursuant to regulations for implementing
the National Environmental Policy Act of 1969 (40 CFR 1506.6).

    Dated: July 10, 2000.
John Engbring,
Acting Manager, California/Nevada Operations Office, Region 1,
Sacramento, California.
[FR Doc. 00-17986 Filed 7-27-00; 8:45 am]
BILLING CODE 4310-55-P 

 
 


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