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Application From the Nevada Department of Wildlife; Elko, Eureka, Lander, and Nye Counties, NV, for an Enhancement of Survival Permit
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 7, 2006 (Volume 71, Number 67)]
[Notices]
[Page 17902-17903]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap06-93]
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DEPARTMENT OF INTERIOR
Fish and Wildlife Service
Application From the Nevada Department of Wildlife; Elko, Eureka,
Lander, and Nye Counties, NV, for an Enhancement of Survival Permit
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability and receipt of application.
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SUMMARY: In response to an application from the Nevada Department of
Wildlife (Applicant), the Fish and Wildlife Service (we, the Service)
is considering issuance of an enhancement of survival permit pursuant
to section 10(a)(1)(A) of the Endangered Species Act of 1973, as
amended (ESA). The permit application includes a proposed programmatic
Safe Harbor Agreement (SHA) between the Applicant and the Service. The
proposed SHA provides for voluntary habitat restoration, maintenance,
enhancement, or creation activities to enhance the reintroduction and
recovery of Lahontan cutthroat trout (Oncorhynchus clarki henshawi)
within the Humboldt River Distinct Population Segment and the Interior
Basin areas in Nevada. The proposed duration of both the SHA and permit
is 50 years.
The Service has made a preliminary determination that the proposed
SHA and permit application are eligible for categorical exclusion under
the National Environmental Policy Act of 1969 (NEPA). The basis for
this determination is contained in an Environmental Action Statement,
which also is available for public review.
DATES: Written comments must be received by 5 p.m. on May 8, 2006.
ADDRESSES: Please address comments to Robert D. Williams, Field
Supervisor, Nevada Fish and Wildlife Office, 1340 Financial Boulevard,
Suite 234, Reno, Nevada, facsimile number (775) 861-6301.
FOR FURTHER INFORMATION CONTACT: David Potter, Fish and Wildlife
Biologist, (see ADDRESSES), telephone (775) 861-6300.
SUPPLEMENTARY INFORMATION:
Document Availability
Individuals wishing copies of the permit application, the
Environmental Action Statement, or copies of the full text of the
proposed SHA, including a map of the proposed permit area, references,
and description of the proposed permit area, should contact the office
and personnel listed in the ADDRESSES section. Documents also will be
available for public inspection, by appointment, during normal business
hours at this office (see ADDRESSES).
We specifically request information, views, and opinions from the
public on the proposed Federal action of issuing a permit, including
the identification of any aspects of the human environment not already
analyzed in our Environmental Action Statement. Further, we
specifically solicit information regarding the adequacy of the SHA as
measured against our permit issuance criteria found in 50 CFR 17.22(c).
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their identity from the administrative record. We will honor such
requests to the extent allowed by law. Respondents wishing us to
withhold their identity (e.g., individual name, home address and home
phone number) must state this prominently at the beginning of their
comments. We will make all submissions from organizations, agencies or
businesses, and from individuals identifying themselves as
representatives of officials of such entities, available for public
inspection in their entirety.
Background
The primary objective of this proposed SHA is to encourage
voluntary habitat restoration, maintenance or enhancement activities to
benefit Lahontan cutthroat trout by relieving a landowner who enters
into the provisions of a Cooperative Agreement with the Applicant from
any additional section 9 liability under the Endangered Species Act
beyond that which exists at the time the Cooperative Agreement is
signed and Certificate of Inclusion issued (``regulatory baseline''). A
SHA encourages landowners to conduct voluntary conservation activities
and assures them that they will not be subjected to increased listed
species restrictions should their beneficial stewardship efforts result
in increased listed species populations. Application requirements and
issuance criteria for enhancement of survival permits and SHAs are
found in 50 CFR 17.22(c). As long as enrolled landowners allow the
agreed-upon conservation measures to be completed on their property and
agree to maintain their baseline responsibilities, they may make any
other lawful use of the property during the term of the Cooperative
Agreement, even if such use results in the take of individual Lahontan
cutthroat trout or harm to this species' habitat.
As proposed in the SHA, landowners within the Humboldt River
Distinct Population Segment, as identified by the Lahontan Cutthroat
Trout Recovery Plan, and the Interior Basin in Nevada, may be enrolled
by the Applicant under the SHA. Landowners, as Cooperators, would
receive a Certificate of Inclusion when they sign a Cooperative
Agreement. The Cooperative Agreement would include: (1) A map of the
property; (2) delineation of the portion of the property to be enrolled
and its stream mileage/feet; (3) the property's baseline and biological
assessment which would include a thorough stream analysis (with photos)
of the enrolled
[[Page 17903]]
stream miles/feet; (4) a description of the specific conservation
measures to be completed; and (5) the responsibilities of the
Cooperator and the Applicant.
The Applicant would provide draft copies of the Cooperative
Agreement to the Service for an opportunity to review and concur with
the recommended management activities and conservation measures. The
Service would have a period of 15 business days in which to make
comments on the Cooperative Agreement. If no comments were made within
15 business days, the Applicant would proceed to finalize the
Cooperative Agreement. The Applicant, as the Permittee, would be
responsible for annual monitoring and reporting related to
implementation of the SHA and Cooperative Agreements and fulfillment of
provisions by the Cooperators. As specified in the proposed SHA, the
Applicant would issue yearly reports to the Service related to
implementation of the program.
Each Cooperative Agreement would cover conservation activities to
create, maintain, restore, or enhance habitat for Lahontan cutthroat
trout and achieve species' recovery goals. These actions, where
appropriate, could include (but are not limited to): (1) Restoration of
riparian habitat and stream form and function; (2) control of stocking
rates for livestock (number/density of animals per unit area); (3)
repair or installation of fences to protect existing or created habitat
from human disturbance; (4) establishment of riparian buffers; and (5)
installation of screens on irrigation diversions as well as
facilitation of the implementation of other objectives recommended by
the Lahontan Cutthroat Trout Recovery Plan. The overall goal of
Cooperative Agreements entered into under the proposed SHA is to
produce conservation measures that are mutually beneficial to the
Cooperators and the long-term existence of Lahontan cutthroat trout.
Based upon the probable species' response time for Lahontan
cutthroat trout to reach a net conservation benefit, the Service
estimates it will take 5 years of implementing the planned conservation
measures to fully reach a net conservation benefit; some level of
benefit would likely occur within a shorter time period. Most
Cooperative Agreements under the proposed SHA are expected to have at
least 10 years' duration.
After maintenance of the restored/created/enhanced Lahontan
cutthroat trout habitat on the property for the agreed-upon term,
Cooperators may then conduct otherwise lawful activities on their
property that result in the partial or total elimination of the habitat
improvements and the taking of Lahontan cutthroat trout. However, the
restrictions on returning a property to its original baseline condition
include: (1) The Cooperator must demonstrate that baseline conditions
were maintained during the term of the Cooperative Agreement and the
conservation measures necessary for achieving a net conservation
benefit were carried out; (2) the Applicant and the Service will be
notified a minimum of 30 days prior to the activity and given the
opportunity to capture, rescue, and/or relocate any Lahontan cutthroat
trout; and (3) return to baseline conditions must be completed within
the term of the Certificate of Inclusion issued to the Applicant.
Cooperative Agreements could be extended if the Applicant's permit is
renewed and that renewal allows for such an extension.
The Service has made a preliminary determination that approval of
the proposed SHA qualifies for a categorical exclusion under NEPA, as
provided by the Department of Interior Manual (516 DM 2, Appendix 1 and
516 DM 6, Appendix 1) based on the following criteria: (1)
Implementation of the SHA would result in minor or negligible effects
on federally listed, proposed, and candidate species and their
habitats; (2) implementation of the SHA would result in minor or
negligible effects on other environmental values or resources; and (3)
impacts of the SHA, considered together with the impacts of other past,
present and reasonably foreseeable similarly situated projects, would
not result, over time, in cumulative effects to environmental values or
resources which would be considered significant. This is more fully
explained in our Environmental Action Statement.
Based upon this preliminary determination, we do not intend to
prepare further NEPA documentation. The Service will consider public
comments in making its final determination on whether to prepare such
additional documentation.
Decision
The Service provides this notice pursuant to section 10(c) of the
ESA and pursuant to implementing regulations for NEPA (40 CFR 1506.6).
We will evaluate the permit application, the proposed SHA, and comments
submitted thereon to determine whether the application meets the
requirements of section 10(a) of the ESA and NEPA regulations. If the
requirements are met, the Service will sign the proposed SHA and issue
an enhancement of survival permit under section 10(a)(1)(A) of the ESA
to the Applicant for take of the Lahontan cutthroat trout incidental to
otherwise lawful activities of the project. The Service will not make a
final decision until after the end of the 30-day comment period and
will fully consider all comments received during the comment period.
Dated: March 22, 2006.
Robert D. Williams,
Field Supervisor, Nevada Fish and Wildlife Office, Reno, Nevada.
[FR Doc. E6-5091 Filed 4-6-06; 8:45 am]
BILLING CODE 4310-55-P