Environmental Assessment and Receipt of an Application for a Permit To Enhance the Survival of the Fluvial Arctic Grayling in the Upper Big Hole River in Southwestern Montana Through an Umbrella Candidate Conservation Agreement With Assurances, 70877-70878 [05-23151]
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Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 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 Fluvial
Arctic Grayling in the Upper Big Hole
River in Southwestern Montana
Through an Umbrella Candidate
Conservation Agreement With
Assurances
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability and
receipt of application.
AGENCY:
SUMMARY: Montana Fish, Wildlife and
Parks (FWP) has applied to the Fish and
Wildlife Service (Service) for an
Enhancement of Survival Permit for the
fluvial Arctic grayling (Thymallus
arcticus) pursuant to section 10(a)(1)(A)
of the Endangered Species Act of 1973,
as amended (ESA). The permit
application includes a proposed
Umbrella Candidate Conservation
Agreement with Assurances
(Agreement) between the FWP and the
Service. The USDA Natural Resources
Conservation Service (NRCS) and
Montana Department of Natural
Resources and Conservation (DNRC)
also are signatories for the proposed
Agreement. The Agreement, the permit
application, and the Environmental
Assessment are made available for
public comment by this notice.
The purpose of the Agreement is for
private landowners and the FWP, NRCS,
DNRC, and the Service to implement
conservation measures for the fluvial
Arctic grayling in the upper Big Hole
River in southwestern Montana. The
effort is in support of the FWP’s ongoing
efforts to enhance the abundance and
distribution of the fluvial Arctic
grayling throughout its historic range in
the upper Missouri River basin. The
conservation measures would be
implemented by FWP, NRCS, DNRC, the
Service, and by participating
landowners. A technical working group
comprised of FWP, NRCS, DNRC, and
the Service developed the conservation
measures for the proposed Agreement.
Consistent with the Service’s Candidate
Conservation Agreement with
Assurances Final Policy (CCAA Policy)
(64 FR 32726, June 17, 1999), the
Agreement is intended to facilitate the
conservation of fluvial Arctic grayling
by giving the State of Montana and
cooperating private landowners
incentives to implement conservation
measures. Participating Landowners
would receive regulatory certainty
concerning land and water use
VerDate Aug<31>2005
17:33 Nov 22, 2005
Jkt 208001
restrictions that might otherwise apply
should the fluvial Arctic grayling
become listed under the ESA.
Participating Landowners with eligible
property in the upper Big Hole River
watershed in southwestern Montana
could sign up under the Agreement and
the associated permit through sitespecific plans for their property and a
Certificate of Inclusion. The proposed
term of the Agreement and the permit is
20 years.
The Service and FWP have prepared
a joint Environmental Assessment for
execution of the Agreement and
issuance of the permit pursuant to the
National Environmental Policy Act (for
the Service) and implementation of the
Agreement pursuant to the Montana
Environmental Policy Act (for FWP).
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, draft
Agreement, and draft 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 January 23, 2006.
ADDRESSES: Written data or comments
concerning the permit application, the
draft Agreement, or the draft
Environmental Assessment are to be
submitted to Arctic Grayling CCAA,
U.S. Fish and Wildlife Service, 100
North Park Avenue, Suite 320, Helena,
Montana 59601. Written comments also
may be provided electronically to
fw6_arcticgrayling@fws.gov, or by
facsimile to 406–449–5339. Comments
must be submitted in writing to be
considered in the Service’s decisionmaking process.
FOR FURTHER INFORMATION CONTACT:
Mark Wilson or Douglas Peterson at the
above address, or telephone 406–449–
5225.
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 Montana
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
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
70877
the above address during normal
business hours. The documents also are
available electronically on the World
Wide Web at https://mountainprairie.fws.gov/species/fish/grayling/
grayling.htm.
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,
candidate 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 CCAAs are found in 50 CFR
17.22(d) and 17.32(d).
On July 25, 1994, the Service found
that listing the fluvial Arctic grayling of
the upper Missouri River Distinct
Population Segment (DPS) was
warranted but precluded by higher
priority listing actions, and it has
remained on the Service’s candidate
species list since that time. Fluvial
Arctic grayling currently occupy only
about 5 percent of their historic range in
the Missouri River basin above the Great
Falls, and the remaining population is
found in an approximately 129kilometer (80-mile) segment of the
upper Big Hole River in southwestern
Montana. The fluvial Arctic grayling
population in the Big Hole River has
declined in abundance and distribution
in recent years, and ongoing efforts by
FWP to re-establish additional fluvial
Arctic grayling in other rivers within its
historic range have not yet produced
any self-sustaining populations. This
DPS remains at risk, and FWP and the
Service carefully monitor the status of
the species.
The Montana Fluvial Arctic Grayling
Workgroup’s 1995 Montana Fluvial
Arctic Grayling Restoration 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 caused by hydrologic
alterations and stream dewatering from
irrigation withdrawals, thermal loading,
loss of riparian habitat, and crosschannel irrigation diversion structures;
drought; entrainment in irrigation
ditches; and encroachment by nonnative
E:\FR\FM\23NON1.SGM
23NON1
70878
Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices
trout species. Most of the current and
historic fluvial Arctic grayling habitat in
the Big Hole River watershed is on or
adjacent to private lands. The decline of
fluvial Arctic grayling in the system has
been attributed in part to agricultural
activities on these lands, so the active
involvement of private landowners in
conservation efforts is viewed as critical
to the preservation of the species.
Consequently, FWP has developed an
Agreement for the fluvial Arctic grayling
in cooperation with the NRCS, DNRC,
and the Service; and has applied to the
Service for a permit under section
10(a)(1)(A) of the ESA (16 U.S.C. 1531
et seq.), which would authorize future
take of the fluvial Arctic grayling by
FWP and cooperating landowners if and
when the species is listed. The FWP and
the Service believe approval of the
Agreement is necessary to promote
implementation of conservation
measures on non-Federal lands.
The FWP and the Service believe
implementation of the Agreement will
increase the distribution and abundance
of fluvial Arctic grayling in the Big Hole
River, and will make a significant
contribution to the long-term viability of
the species. Without the Agreement,
FWP and the Service are concerned that
the population of fluvial Arctic grayling
in the Big Hole River may continue to
decline. Further decline of the species
will increase the risk of its extirpation.
The FWP and the Service believe that
implementing proactive conservation
measures in cooperation with private
landowners prior to any potential ESA
listing will realize greater conservation
benefits for the species than post-listing
actions.
Under the Agreement and permit,
Participating Landowners would
provide certain fluvial Arctic grayling
habitat protection and/or enhancement
measures on their lands. Protection and
enhancement measures will be directed
at improving habitat conditions for all
age classes of fluvial Arctic grayling
primarily by increasing instream flows,
conserving or restoring riparian habitats,
removing or mitigating for any manmade barriers to migration, and
reducing threats from entrainment in
irrigation ditches. If the fluvial Arctic
grayling upper Missouri River DPS is
listed under the ESA, and a
Participating Landowner is properly
implementing the agreed-to
conservation measures, the permit
would authorize take of fluvial Arctic
grayling that may result from the nonFederal landowner’s agricultural or
ranching related activities (e.g., surfacewater diversion and irrigation, hay
cultivation and harvesting, livestock
grazing, farm equipment operation) so
VerDate Aug<31>2005
17:33 Nov 22, 2005
Jkt 208001
long as they were being conducted
according to the Agreement and the
landowner’s site-specific plan.
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)(1)(A) of
the ESA, the Service’s CCAA Policy and
the National Environmental Policy Act.
The Service also will evaluate whether
the issuance of the permit and execution
of the Agreement by the Service
complies with section 7 of the ESA by
conducting an intra-Service section 7
consultation on the issuance of the
permit and execution 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 the ESA to
the FWP for take of fluvial Arctic
grayling incidental to otherwise lawful
activities in accordance with the terms
of the Agreement and the permit. We
will not make our final decision until
after the end of the 60-day comment
period and after consideration of 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. 1531 et seq.) and the
National Environmental Policy Act of 1969,
as amended (42 U.S.C. 4321 et seq.).
Dated: October 18, 2005.
Sharon R. Rose,
Acting Regional Director, Denver, Colorado.
[FR Doc. 05–23151 Filed 11–22–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Intent To Prepare a
Comprehensive Conservation Plan and
Environmental Assessment for Logan
Cave National Wildlife Refuge in
Benton County, AR
Fish and Wildlife Service,
Interior
ACTION: Notice of intent.
AGENCY:
SUMMARY: The Fish and Wildlife
Service, Southeast Region, intends to
gather information necessary to prepare
a comprehensive conservation plan and
environmental assessment pursuant to
the National Environmental Policy Act
of 1969 and its implementing
regulations.
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
The National wildlife Refuge System
Administration Act of 1966, as amended
by the National Wildlife Refuge System
Improvement Act of 1997, requires the
Service to develop a comprehensive
conservation plan for each national
wildlife refuge. The purpose in
developing a comprehensive
conservation plan is to provide refuge
managers with a 15-year strategy for
achieving refuge purposes and
contributing toward the mission of the
National Wildlife Refuge System,
consistent with sound principles of fish
and wildlife management, conservation,
legal mandates, and Service policies. In
addition to outlining broad management
direction on conserving wildlife and
their habitats, plans identify wildlifedependent recreational opportunities
available to the public, including
opportunities for hunting, fishing,
wildlife observation, wildlife
photography, and environmental
education and interpretation.
The purpose of this notice is to
achieve the following.
(1) Advise other agencies and the
public of our intentions, and
(2) Obtain suggestions and
information on the scope of issues to
include in the environmental document.
DATES: Special mailings, newspaper
articles, and other media
announcements will be used to inform
the public and state and local
government agencies of the
opportunities for input throughout the
planning process. Open house style
meeting(s) will be held throughout the
scoping phase of the comprehensive
conservation plan development process.
ADDRESSES: Comments, questions, and
requests for more information regarding
the Logan Cave National Wildlife Refuge
planning process should be sent to: Ben
Mense, Refuge Manager, Logan Cave
National Wildlife Refuge, 10448 Holla
Bend Road, Dardanelle, Arkansas 72834;
Telephone 479/229–4300; Fax: 479/
229–4302; Electronic mail:
ben_mense@fws.gov. To ensure
consideration, written comments must
be received no later than January 9,
2006. Our practice is to make
comments, including names and
addresses of respondents, available for
public review during regular business
hours. Individual respondents may
request that we withhold their home
addresses from the record, which we
will honor to the extent allowable by
law.
SUPPLEMENTARY INFORMATION: Logan
Cave National Wildlife Refuge was
established in 1989 under the
Endangered Species Act of 1973. This
123-acre Ozark Mountain refuge, which
E:\FR\FM\23NON1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 225 (Wednesday, November 23, 2005)]
[Notices]
[Pages 70877-70878]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23151]
[[Page 70877]]
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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 Fluvial Arctic Grayling in the
Upper Big Hole River in Southwestern Montana Through an Umbrella
Candidate Conservation Agreement With Assurances
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability and receipt of application.
-----------------------------------------------------------------------
SUMMARY: Montana Fish, Wildlife and Parks (FWP) has applied to the Fish
and Wildlife Service (Service) for an Enhancement of Survival Permit
for the fluvial Arctic grayling (Thymallus arcticus) pursuant to
section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended
(ESA). The permit application includes a proposed Umbrella Candidate
Conservation Agreement with Assurances (Agreement) between the FWP and
the Service. The USDA Natural Resources Conservation Service (NRCS) and
Montana Department of Natural Resources and Conservation (DNRC) also
are signatories for the proposed Agreement. The Agreement, the permit
application, and the Environmental Assessment are made available for
public comment by this notice.
The purpose of the Agreement is for private landowners and the FWP,
NRCS, DNRC, and the Service to implement conservation measures for the
fluvial Arctic grayling in the upper Big Hole River in southwestern
Montana. The effort is in support of the FWP's ongoing efforts to
enhance the abundance and distribution of the fluvial Arctic grayling
throughout its historic range in the upper Missouri River basin. The
conservation measures would be implemented by FWP, NRCS, DNRC, the
Service, and by participating landowners. A technical working group
comprised of FWP, NRCS, DNRC, and the Service developed the
conservation measures for the proposed Agreement. Consistent with the
Service's Candidate Conservation Agreement with Assurances Final Policy
(CCAA Policy) (64 FR 32726, June 17, 1999), the Agreement is intended
to facilitate the conservation of fluvial Arctic grayling by giving the
State of Montana and cooperating private landowners incentives to
implement conservation measures. Participating Landowners would receive
regulatory certainty concerning land and water use restrictions that
might otherwise apply should the fluvial Arctic grayling become listed
under the ESA. Participating Landowners with eligible property in the
upper Big Hole River watershed in southwestern Montana could sign up
under the Agreement and the associated permit through site-specific
plans for their property and a Certificate of Inclusion. The proposed
term of the Agreement and the permit is 20 years.
The Service and FWP have prepared a joint Environmental Assessment
for execution of the Agreement and issuance of the permit pursuant to
the National Environmental Policy Act (for the Service) and
implementation of the Agreement pursuant to the Montana Environmental
Policy Act (for FWP). 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,
draft Agreement, and draft 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 January 23, 2006.
ADDRESSES: Written data or comments concerning the permit application,
the draft Agreement, or the draft Environmental Assessment are to be
submitted to Arctic Grayling CCAA, U.S. Fish and Wildlife Service, 100
North Park Avenue, Suite 320, Helena, Montana 59601. Written comments
also may be provided electronically to fw6_arcticgrayling@fws.gov, or
by facsimile to 406-449-5339. Comments must be submitted in writing to
be considered in the Service's decision-making process.
FOR FURTHER INFORMATION CONTACT: Mark Wilson or Douglas Peterson at the
above address, or telephone 406-449-5225.
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
Montana 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/fish/grayling/grayling.htm.
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, candidate 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 CCAAs are
found in 50 CFR 17.22(d) and 17.32(d).
On July 25, 1994, the Service found that listing the fluvial Arctic
grayling of the upper Missouri River Distinct Population Segment (DPS)
was warranted but precluded by higher priority listing actions, and it
has remained on the Service's candidate species list since that time.
Fluvial Arctic grayling currently occupy only about 5 percent of their
historic range in the Missouri River basin above the Great Falls, and
the remaining population is found in an approximately 129-kilometer
(80-mile) segment of the upper Big Hole River in southwestern Montana.
The fluvial Arctic grayling population in the Big Hole River has
declined in abundance and distribution in recent years, and ongoing
efforts by FWP to re-establish additional fluvial Arctic grayling in
other rivers within its historic range have not yet produced any self-
sustaining populations. This DPS remains at risk, and FWP and the
Service carefully monitor the status of the species.
The Montana Fluvial Arctic Grayling Workgroup's 1995 Montana
Fluvial Arctic Grayling Restoration 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 caused by hydrologic alterations
and stream dewatering from irrigation withdrawals, thermal loading,
loss of riparian habitat, and cross-channel irrigation diversion
structures; drought; entrainment in irrigation ditches; and
encroachment by nonnative
[[Page 70878]]
trout species. Most of the current and historic fluvial Arctic grayling
habitat in the Big Hole River watershed is on or adjacent to private
lands. The decline of fluvial Arctic grayling in the system has been
attributed in part to agricultural activities on these lands, so the
active involvement of private landowners in conservation efforts is
viewed as critical to the preservation of the species.
Consequently, FWP has developed an Agreement for the fluvial Arctic
grayling in cooperation with the NRCS, DNRC, and the Service; and has
applied to the Service for a permit under section 10(a)(1)(A) of the
ESA (16 U.S.C. 1531 et seq.), which would authorize future take of the
fluvial Arctic grayling by FWP and cooperating landowners if and when
the species is listed. The FWP and the Service believe approval of the
Agreement is necessary to promote implementation of conservation
measures on non-Federal lands.
The FWP and the Service believe implementation of the Agreement
will increase the distribution and abundance of fluvial Arctic grayling
in the Big Hole River, and will make a significant contribution to the
long-term viability of the species. Without the Agreement, FWP and the
Service are concerned that the population of fluvial Arctic grayling in
the Big Hole River may continue to decline. Further decline of the
species will increase the risk of its extirpation. The FWP and the
Service believe that implementing proactive conservation measures in
cooperation with private landowners prior to any potential ESA listing
will realize greater conservation benefits for the species than post-
listing actions.
Under the Agreement and permit, Participating Landowners would
provide certain fluvial Arctic grayling habitat protection and/or
enhancement measures on their lands. Protection and enhancement
measures will be directed at improving habitat conditions for all age
classes of fluvial Arctic grayling primarily by increasing instream
flows, conserving or restoring riparian habitats, removing or
mitigating for any man-made barriers to migration, and reducing threats
from entrainment in irrigation ditches. If the fluvial Arctic grayling
upper Missouri River DPS is listed under the ESA, and a Participating
Landowner is properly implementing the agreed-to conservation measures,
the permit would authorize take of fluvial Arctic grayling that may
result from the non-Federal landowner's agricultural or ranching
related activities (e.g., surface-water diversion and irrigation, hay
cultivation and harvesting, livestock grazing, farm equipment
operation) so long as they were being conducted according to the
Agreement and the landowner's site-specific plan.
We are providing this notice pursuant to section 10(c) of the ESA
and implementing regulations for the National Environmental Policy Act
(40 CFR Sec. 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)(1)(A) of the ESA, the Service's CCAA Policy and the National
Environmental Policy Act. The Service also will evaluate whether the
issuance of the permit and execution of the Agreement by the Service
complies with section 7 of the ESA by conducting an intra-Service
section 7 consultation on the issuance of the permit and execution 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 the ESA to the FWP for take of fluvial Arctic grayling
incidental to otherwise lawful activities in accordance with the terms
of the Agreement and the permit. We will not make our final decision
until after the end of the 60-day comment period and after
consideration of 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. 1531 et seq.) and the
National Environmental Policy Act of 1969, as amended (42 U.S.C.
4321 et seq.).
Dated: October 18, 2005.
Sharon R. Rose,
Acting Regional Director, Denver, Colorado.
[FR Doc. 05-23151 Filed 11-22-05; 8:45 am]
BILLING CODE 4310-55-P
