Environmental Assessment and Receipt of an Application for a Permit To Enhance the Survival of the Gunnison Sage-Grouse in Southwestern Colorado Through a Candidate Conservation Agreement With Assurances, 38977-38978 [05-13247]
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Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Notices
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Environmental Assessment and
Receipt of an Application for a Permit
To Enhance the Survival of the
Gunnison Sage-Grouse in
Southwestern Colorado Through a
Candidate Conservation Agreement
With Assurances
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability and
receipt of application.
AGENCY:
SUMMARY: Colorado Division of Wildlife
(CDOW) has applied to the Fish and
Wildlife Service (Service) for an
Enhancement of Survival Permit for the
Gunnison Sage-Grouse (Centrocercus
minimus) pursuant to section
10(a)(1)(A) of the Endangered Species
Act of 1973, as amended (ESA). The
permit application includes a proposed
Candidate Conservation Agreement with
Assurances (Agreement) between the
CDOW and the Service. The Agreement,
the permit application, and the
Environmental Assessment are available
for public comment.
The purpose of the Agreement is for
the CDOW and the Service to
implement conservation measures for
the Gunnison sage-grouse in 15 counties
in southwestern Colorado. The effort is
in support of the CDOW’s ongoing
efforts to enhance the abundance and
distribution of the Gunnison sage-grouse
throughout its historic range in
Colorado. The conservation measures
would be implemented by the CDOW
and by participating landowners. The
selected conservation measures would
primarily come from the Gunnison
Sage-Grouse Rangewide Conservation
Plan, which was completed in April
2005 by numerous cooperating agencies
and nongovernmental organizations.
Consistent with the Service’s Candidate
Conservation Agreement with
Assurances Final Policy (64 FR 32726,
June 17,1999), the Agreement is
intended to facilitate the conservation of
Gunnison sage-grouse by giving the
State of Colorado and cooperating
private landowners incentives to
implement conservation measures.
Participating Landowners would receive
regulatory certainty concerning land use
restrictions that might otherwise apply
should the Gunnison sage-grouse
become listed under the ESA.
Participating Landowners with eligible
property in southwestern Colorado
could sign up under the Agreement and
the associated permit through a
Certificate of Inclusion. The proposed
VerDate jul<14>2003
16:35 Jul 05, 2005
Jkt 205001
term of the Agreement and the permit is
20 years. The Service has prepared an
Environmental Assessment for approval
of the Agreement and issuance of the
permit.
The environmental assessment
considers the biological, environmental,
and socioeconomic effects of the
proposed Agreement and permit. The
assessment also evaluates two
alternatives to the Agreement and
permit, and their potential impacts on
the environment.
We request comments from the public
on the permit application, Agreement,
and Environmental Assessment. All
comments we receive, including names
and addresses, will become part of the
administrative record and may be
released to the public.
DATES: Written comments on the permit
application must be received on or
before September 6, 2005.
ADDRESSES: Written data or comments
concerning the permit application, the
Agreement, or the Environmental
Assessment should be submitted to
Allan R. Pfister, Western Colorado Field
Supervisor, U.S. Fish and Wildlife
Service, 764 Horizon Drive, Building B,
Grand Junction, Colorado 81506–3946.
Written comments also may be provided
electronically to al_pfister@fws.gov, or
by facsimile to 970–245–6933.
Comments must be submitted in writing
to be adequately considered in the
Service’s decision-making process.
FOR FURTHER INFORMATION CONTACT:
Allan R. Pfister or Terry Ireland at the
above address, or telephone 970–243–
2778
SUPPLEMENTARY INFORMATION:
Document Availability
Persons wishing to review the permit
application, Agreement, and the
Environmental Assessment may obtain a
copy by writing the Service’s Grand
Junction Ecological Services office at the
above address, or contacting the above
office by telephone, electronic mail, or
facsimile. You also may make an
appointment to view the documents at
the above address during normal
business hours. The documents also are
available electronically on the World
Wide Web at https://mountainprairie.fws.gov/species/birds/
gunnisonsagegrouse/.
Background
Under a Candidate Conservation
Agreement with Assurances,
participating landowners voluntarily
implement conservation activities on
their properties to benefit species that
are proposed for listing under the ESA,
candidates species, or other sensitive
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
38977
species. Candidate Conservation
Agreements with Assurances encourage
private and other non-Federal property
owners to implement conservation
efforts and reduce threats to unlisted
species by assuring them they will not
be subjected to increased property-use
restrictions if the species is listed in the
future under the ESA. Application
requirements and issuance criteria for
enhancement of survival permits
through Candidate Conservation
Agreements with Assurances are found
in 50 CFR 17.22(d) and 17.32(d).
On March 15, 2000, the Service found
that listing the Gunnison sage-grouse
under the ESA may be warranted, and
initiated a review of the species’ status.
The Gunnison sage-grouse currently
occupies about 8.5 percent of its historic
range in southwestern Colorado and
southeastern Utah. The species now
persists in seven fragmented
populations in Colorado and one
population in Utah. The largest
remaining population is located in
Gunnison County, Colorado, which is
currently estimated at 2,443 individuals
(about 76 percent of the entire
population). The total population in
Colorado is currently estimated at 3,046
individuals. With the additional 152
individuals in Utah, the best
information currently available suggests
a total population of 3,198 individuals.
The 2005 Gunnison Sage-Grouse
Rangewide Conservation Plan and the
Service’s 2004 Candidate Notice of
Review have identified threats that
contribute to the current and future
status of the species. These include—
habitat loss, fragmentation, and
degradation; disease (e.g., West Nile
virus); predation; lack of existing
regulatory protection; drought;
disturbance to adults; juveniles (e.g., offhighway-vehicles, construction projects,
dogs, noise); low genetic diversity; and
competition for habitat from other
species. The 2005 Gunnison SageGrouse Rangewide Conservation Plan
also estimates that about 46 percent of
the currently occupied habitat in
Colorado and Utah is in non-Federal
ownership. The CDOW and Service do
not believe a viable population of
Gunnison sage-grouse can be assured in
the long term by implementing
conservation efforts on Federal lands
only. The fact that nearly one-half of the
currently occupied habitat is privately
owned, combined with the low
potential for the long-term species
viability on Federal lands alone,
emphasizes the need to encourage and
actively promote conservation efforts by
private landowners.
Consequently, the CDOW has
developed an Agreement for the
E:\FR\FM\06JYN1.SGM
06JYN1
38978
Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Notices
Gunnison sage-grouse in cooperation
with the Service, and has applied to the
Service for a permit under section 10(a)
of the ESA (16 U.S.C. 1531 et seq.),
which would authorize future
incidental take of the Gunnison sagegrouse by the CDOW and cooperating
landowners. The CDOW and the Service
believe approval of the Agreement is
necessary to promote implementation of
conservation measures on non-Federal
lands. The CDOW and the Service
believe implementation of the
Agreement will make a significant
contribution to the long-term viability of
the species, which may help defend that
Federal listing is not warranted.
Without the Agreement, the CDOW and
the Service are concerned that the
population of the Gunnison sage-grouse
in Colorado may continue to decline.
Further decline of the species could
trigger listing under the ESA, which
could provide a disincentive to private
landowners for conservation of the
species on private lands. The lack of
conservation efforts on private lands
could reduce the potential for
successfully achieving long-term
viability for the species.
Under the Agreement and permit,
Participating Landowners would
provide certain Gunnison sage-grouse
habitat protection of enhancement
measures on their lands. These
measures would be primarily those
identified in the 2005 Gunnison sagegrouse Rangewide Conservation Plan,
but additional conservation practices
could be determined throughout the 20year period of the Agreement. Protection
and enhancement measures will be
directed towards Gunnison sage-grouse
lek, nest, roost, and/or winter habitat. If
the Gunnison sage-grouse is listed under
the ESA, and after a Participating
Landowner has provided the agreedupon habitat conditions for the
specified period of time, the permit
would authorize incidental take of
Gunnison sage-grouse as a result of the
non-Federal landowner’s agricultural or
industrial related activities (e.g., crop
cultivation, crop harvesting livestock
grazing, farm equipment operation,
commercial/residential development).
We are providing this notice pursuant
to section 10(c) of the ESA and
implementing regulations for the
National Environmental Policy Act (40
CFR 1506.6). We will evaluate the
permit application, associated
documents, and comments submitted
thereon to determine whether the
permit application meets the
requirements of section 10(a) of the ESA
and National Environmental Policy Act
regulations. The Service also will
evaluate whether the issuance of the
VerDate jul<14>2003
16:35 Jul 05, 2005
Jkt 205001
Agreement complies with section 7 of
the ESA by conducting an intra-Service
section 7 consultation on the issuance of
the permit. If we determine that all
requirements are met, we will sign the
Agreement and issue an enhancement of
survival permit under section
10(a)(1)(A) of ESA to the CDOW for take
of Gunnison sage-grouse incidental to
otherwise lawful activities in
accordance with the terms of the
Agreement. We will not make our final
decision until after the end of the 60day comment period and we will fully
consider all comments received during
the comment period.
Authority: The authority for this action is
the Endangered Species Act of 1973, as
amended (16 U.S.C. 1521 et seq.) and the
National Environmental Policy Act of 1969,
as amended (42 U.S.C. 4321 et seq.).
Dated: June 10, 2005.
Ralph O. Morgenweck,
Regional Director, Denver Colorado.
[FR Doc. 05–13247 Filed 7–5–05; 8:45 am]
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[AK–964–1410–HY–P; AA–38080, F–21916,
F–22864, F–21944, F–21978, F–21979,
F–21973, F–21949, F–21954 (BSA–7); AK–
964–1410–HY–P; F–22285, F–22290,
F–22269, F–22214, F–22341 (NAA–8)]
Alaska Native Claims Selection
Bureau of Land Management,
Interior.
ACTION: Notice of decisions approving
lands for conveyance.
AGENCY:
SUMMARY: As required by 43 CFR
2650.7(d), notice is hereby given that
fourteen appealable decisions approving
lands for conveyance pursuant to the
Alaska Native Claims Settlement Act
will be issued to Bering Straits Native
Corporation and NANA Regional
Corporation, Inc. for lands located in the
vicinity of Norton and Kotzebue
Sounds, Alaska. Notice of the decisions
will also be published four times in the
Nome Nugget.
DATES: The time limits for filing an
appeal are:
1. Any party claiming a property
interest which is adversely affected by
the decisions shall have until August 5,
2005 to file an appeal.
2. Parties receiving service of the
decisions by certified mail shall have 30
days from the date of receipt to file an
appeal.
Parties who do not file an appeal in
accordance with the requirements of 43
Frm 00117
Fmt 4703
Dina L. Torres,
Land Law Examiner, Branch of Adjudication
II (964).
[FR Doc. 05–13291 Filed 7–5–05; 8:45 am]
BILLING CODE 4310–$$–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[AK963–1410–HY–P; F–14946–A, F–14946–
B, F–14946–D; BSA–3]
Alaska Native Claims Selection
Bureau of Land Management,
Department of the Interior.
ACTION: Notice of decision approving
lands for conveyance.
AGENCY:
BILLING CODE 4310–55–M
PO 00000
CFR part 4, subpart E, shall be deemed
to have waived their rights.
ADDRESSES: Copies of the decisions may
be obtained from: Bureau of Land
Management, Alaska State Office, 222
West Seventh Avenue, #13, Anchorage,
Alaska 99513–7599.
FOR FURTHER INFORMATION CONTACT: Dina
Torres by phone at 907–271–3248, or by
e-mail at Dina_Torres@ak.blm.gov.
Sfmt 4703
SUMMARY: As required by 43 CFR
2650.7(d), notice is hereby given that an
appealable decision approving lands for
conveyance pursuant to the Alaska
Native Claims Settlement Act will be
issued to Teller Native Corporation. The
lands are located in U.S. Survey No.
8892, T. 4 S., R 36 W., T. 5 S. R. 37 W.,
and T. 5 S., R. 40 W., Kateel River
Meridian, in the vicinity of Teller,
Alaska, and contain 6,596.51 acres.
Notice of the decision will also be
published four times in the Nome
Nugget.
The time limits for filing an
appeal are:
1. Any party claiming a property
interest which is adversely affected by
the decision shall have until August 5,
2005 to file an appeal.
2. Parties receiving service of the
decision by certified mail shall have 30
days from the date of receipt to file an
appeal.
Parties who do not file an appeal in
accordance with the requirements of 43
CFR part 4, subpart E, shall be deemed
to have waived their rights.
ADDRESSES: A copy of the decision may
be obtained from: Bureau of Land
Management, Alaska State Office, 222
West Seventh Avenue, #13, Anchorage,
Alaska 99513–7599.
FOR FURTHER INFORMATION, CONTACT:
Jennifer L. Noe, by phone at (907) 271–
3169, or by e-mail at
jennifer_noe@ak.blm.gov. Persons who
DATES:
E:\FR\FM\06JYN1.SGM
06JYN1
]]>Agencies
[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Notices]
[Pages 38977-38978]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13247]
[[Page 38977]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Environmental Assessment and Receipt of an Application for a
Permit To Enhance the Survival of the Gunnison Sage-Grouse in
Southwestern Colorado Through a Candidate Conservation Agreement With
Assurances
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability and receipt of application.
-----------------------------------------------------------------------
SUMMARY: Colorado Division of Wildlife (CDOW) has applied to the Fish
and Wildlife Service (Service) for an Enhancement of Survival Permit
for the Gunnison Sage-Grouse (Centrocercus minimus) pursuant to section
10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA).
The permit application includes a proposed Candidate Conservation
Agreement with Assurances (Agreement) between the CDOW and the Service.
The Agreement, the permit application, and the Environmental Assessment
are available for public comment.
The purpose of the Agreement is for the CDOW and the Service to
implement conservation measures for the Gunnison sage-grouse in 15
counties in southwestern Colorado. The effort is in support of the
CDOW's ongoing efforts to enhance the abundance and distribution of the
Gunnison sage-grouse throughout its historic range in Colorado. The
conservation measures would be implemented by the CDOW and by
participating landowners. The selected conservation measures would
primarily come from the Gunnison Sage-Grouse Rangewide Conservation
Plan, which was completed in April 2005 by numerous cooperating
agencies and nongovernmental organizations. Consistent with the
Service's Candidate Conservation Agreement with Assurances Final Policy
(64 FR 32726, June 17,1999), the Agreement is intended to facilitate
the conservation of Gunnison sage-grouse by giving the State of
Colorado and cooperating private landowners incentives to implement
conservation measures. Participating Landowners would receive
regulatory certainty concerning land use restrictions that might
otherwise apply should the Gunnison sage-grouse become listed under the
ESA. Participating Landowners with eligible property in southwestern
Colorado could sign up under the Agreement and the associated permit
through a Certificate of Inclusion. The proposed term of the Agreement
and the permit is 20 years. The Service has prepared an Environmental
Assessment for approval of the Agreement and issuance of the permit.
The environmental assessment considers the biological,
environmental, and socioeconomic effects of the proposed Agreement and
permit. The assessment also evaluates two alternatives to the Agreement
and permit, and their potential impacts on the environment.
We request comments from the public on the permit application,
Agreement, and Environmental Assessment. All comments we receive,
including names and addresses, will become part of the administrative
record and may be released to the public.
DATES: Written comments on the permit application must be received on
or before September 6, 2005.
ADDRESSES: Written data or comments concerning the permit application,
the Agreement, or the Environmental Assessment should be submitted to
Allan R. Pfister, Western Colorado Field Supervisor, U.S. Fish and
Wildlife Service, 764 Horizon Drive, Building B, Grand Junction,
Colorado 81506-3946. Written comments also may be provided
electronically to al_pfister@fws.gov, or by facsimile to 970-245-6933.
Comments must be submitted in writing to be adequately considered in
the Service's decision-making process.
FOR FURTHER INFORMATION CONTACT: Allan R. Pfister or Terry Ireland at
the above address, or telephone 970-243-2778
SUPPLEMENTARY INFORMATION:
Document Availability
Persons wishing to review the permit application, Agreement, and
the Environmental Assessment may obtain a copy by writing the Service's
Grand Junction Ecological Services office at the above address, or
contacting the above office by telephone, electronic mail, or
facsimile. You also may make an appointment to view the documents at
the above address during normal business hours. The documents also are
available electronically on the World Wide Web at https://mountain-
prairie.fws.gov/species/birds/gunnisonsagegrouse/.
Background
Under a Candidate Conservation Agreement with Assurances,
participating landowners voluntarily implement conservation activities
on their properties to benefit species that are proposed for listing
under the ESA, candidates species, or other sensitive species.
Candidate Conservation Agreements with Assurances encourage private and
other non-Federal property owners to implement conservation efforts and
reduce threats to unlisted species by assuring them they will not be
subjected to increased property-use restrictions if the species is
listed in the future under the ESA. Application requirements and
issuance criteria for enhancement of survival permits through Candidate
Conservation Agreements with Assurances are found in 50 CFR 17.22(d)
and 17.32(d).
On March 15, 2000, the Service found that listing the Gunnison
sage-grouse under the ESA may be warranted, and initiated a review of
the species' status. The Gunnison sage-grouse currently occupies about
8.5 percent of its historic range in southwestern Colorado and
southeastern Utah. The species now persists in seven fragmented
populations in Colorado and one population in Utah. The largest
remaining population is located in Gunnison County, Colorado, which is
currently estimated at 2,443 individuals (about 76 percent of the
entire population). The total population in Colorado is currently
estimated at 3,046 individuals. With the additional 152 individuals in
Utah, the best information currently available suggests a total
population of 3,198 individuals.
The 2005 Gunnison Sage-Grouse Rangewide Conservation Plan and the
Service's 2004 Candidate Notice of Review have identified threats that
contribute to the current and future status of the species. These
include--habitat loss, fragmentation, and degradation; disease (e.g.,
West Nile virus); predation; lack of existing regulatory protection;
drought; disturbance to adults; juveniles (e.g., off-highway-vehicles,
construction projects, dogs, noise); low genetic diversity; and
competition for habitat from other species. The 2005 Gunnison Sage-
Grouse Rangewide Conservation Plan also estimates that about 46 percent
of the currently occupied habitat in Colorado and Utah is in non-
Federal ownership. The CDOW and Service do not believe a viable
population of Gunnison sage-grouse can be assured in the long term by
implementing conservation efforts on Federal lands only. The fact that
nearly one-half of the currently occupied habitat is privately owned,
combined with the low potential for the long-term species viability on
Federal lands alone, emphasizes the need to encourage and actively
promote conservation efforts by private landowners.
Consequently, the CDOW has developed an Agreement for the
[[Page 38978]]
Gunnison sage-grouse in cooperation with the Service, and has applied
to the Service for a permit under section 10(a) of the ESA (16 U.S.C.
1531 et seq.), which would authorize future incidental take of the
Gunnison sage-grouse by the CDOW and cooperating landowners. The CDOW
and the Service believe approval of the Agreement is necessary to
promote implementation of conservation measures on non-Federal lands.
The CDOW and the Service believe implementation of the Agreement will
make a significant contribution to the long-term viability of the
species, which may help defend that Federal listing is not warranted.
Without the Agreement, the CDOW and the Service are concerned that the
population of the Gunnison sage-grouse in Colorado may continue to
decline. Further decline of the species could trigger listing under the
ESA, which could provide a disincentive to private landowners for
conservation of the species on private lands. The lack of conservation
efforts on private lands could reduce the potential for successfully
achieving long-term viability for the species.
Under the Agreement and permit, Participating Landowners would
provide certain Gunnison sage-grouse habitat protection of enhancement
measures on their lands. These measures would be primarily those
identified in the 2005 Gunnison sage-grouse Rangewide Conservation
Plan, but additional conservation practices could be determined
throughout the 20-year period of the Agreement. Protection and
enhancement measures will be directed towards Gunnison sage-grouse lek,
nest, roost, and/or winter habitat. If the Gunnison sage-grouse is
listed under the ESA, and after a Participating Landowner has provided
the agreed-upon habitat conditions for the specified period of time,
the permit would authorize incidental take of Gunnison sage-grouse as a
result of the non-Federal landowner's agricultural or industrial
related activities (e.g., crop cultivation, crop harvesting livestock
grazing, farm equipment operation, commercial/residential development).
We are providing this notice pursuant to section 10(c) of the ESA
and implementing regulations for the National Environmental Policy Act
(40 CFR 1506.6). We will evaluate the permit application, associated
documents, and comments submitted thereon to determine whether the
permit application meets the requirements of section 10(a) of the ESA
and National Environmental Policy Act regulations. The Service also
will evaluate whether the issuance of the Agreement complies with
section 7 of the ESA by conducting an intra-Service section 7
consultation on the issuance of the permit. If we determine that all
requirements are met, we will sign the Agreement and issue an
enhancement of survival permit under section 10(a)(1)(A) of ESA to the
CDOW for take of Gunnison sage-grouse incidental to otherwise lawful
activities in accordance with the terms of the Agreement. We will not
make our final decision until after the end of the 60-day comment
period and we will fully consider all comments received during the
comment period.
Authority: The authority for this action is the Endangered
Species Act of 1973, as amended (16 U.S.C. 1521 et seq.) and the
National Environmental Policy Act of 1969, as amended (42 U.S.C.
4321 et seq.).
Dated: June 10, 2005.
Ralph O. Morgenweck,
Regional Director, Denver Colorado.
[FR Doc. 05-13247 Filed 7-5-05; 8:45 am]
BILLING CODE 4310-55-M
