Safe Harbor Agreement and Receipt of Application for an Enhancement of Survival Permit Associated With the Restoration of Habitat for Utah Prairie Dogs on Private Land in Piute County, UT, 55008-55009 [E6-15596]

Download as PDF 55008 Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Notices DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Safe Harbor Agreement and Receipt of Application for an Enhancement of Survival Permit Associated With the Restoration of Habitat for Utah Prairie Dogs on Private Land in Sevier County, UT AGENCY: Fish and Wildlife Service, Interior. Notice of availability. jlentini on PROD1PC65 with NOTICES ACTION: SUMMARY: Mr. Harlow Brown (Applicant/Cooperator) has applied to the Fish and Wildlife Service (Service) for an Enhancement of Survival Permit (ESP) for the Utah prairie dog (UPD) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). This permit application includes a Safe Harbor Agreement (SHA) between the Applicant and the Service. The Service requests information, views, and opinions from the public via this notice. Further, the Service is soliciting information regarding the adequacy of the SHA as measured against the Service’s Safe Harbor Policy and the regulations that implement it. DATES: Written comments on the permit application must be received on or before October 20, 2006. ADDRESSES: Persons wishing to review the SHA and the ESP application may obtain a copy by writing the Service’s Mountain-Prairie Regional Office, Denver, Colorado. Documents also will be available for public inspection during normal business hours at the Regional Office, 134 Union Boulevard, Denver, Colorado 80228–1807, or the Utah Field Office, U.S. Fish and Wildlife Service, 2369 West Orton Circle, Suite 50, West Valley City, Utah 84119. Written data or comments concerning the SHA or ESP application should be submitted to the Regional office and must be in writing to be processed. Comments must be submitted in writing to be adequately considered in the Service’s decisionmaking process. Please reference permit number TE120720–0 in your comments, or in the request for the documents discussed herein. FOR FURTHER INFORMATION CONTACT: Pat Mehlhop, Regional Safe Harbor Coordinator (see Denver address above), telephone 303–236–4215, or Larry Crist, Acting Utah Field Supervisor (see West Valley City address above), telephone 801–975–3330. SUPPLEMENTARY INFORMATION: The UPD is the westernmost member of the genus Cynomys. The species’ range, which is limited to the southwestern quarter of VerDate Aug<31>2005 17:40 Sep 19, 2006 Jkt 205001 Utah, is the most restricted of all prairie dog species in the United States. Distribution of the UPD has been greatly reduced due to disease (plague), poisoning, drought, and human-related habitat alteration. Protection of this species and enhancement of its habitat on private land will benefit recovery efforts. The primary objective of this SHA is to encourage voluntary conservation measures to benefit the species and the landowner. Through this agreement, the landowner will receive relief from any additional section 9 liability under the Act beyond that which exists at the time the agreement is signed (‘‘regulatory baseline’’). The property is currently used as irrigated pasture land and is bordered by other private land. At the present time, the property supports several active prairie dog colonies. Foraging and visual surveillance habitat will be further enhanced for the UPD by reducing the vegetation density and by seeding to improve the forage quality for UPD. The habitat improvements will be maintained throughout the term of this agreement through managed grazing. The Cooperator will receive an ESP that authorizes implementation of the conservation actions and other provisions of this Agreement and authorizes incidental take of the covered species above the Cooperator’s baseline responsibilities, as defined in the SHA. The proposed SHA and permit would become effective upon signature of the SHA and issuance of the permit and would remain in effect for 25 years. We have made the determination that the proposed activities described in the application and SHA will increase available prairie dog habitat and potentially expand several colonies of Utah prairie dogs on the Brown property to the north and the south. The action is categorically excluded under the National Environmental Policy Act (NEPA). This notice is provided pursuant to the NEPA, section 10 of the Act, and the Service’s Safe Harbor Policy (64 FR 32717). The Service has evaluated the impacts of this action under the NEPA and determined that it warrants categorical exclusion as described in 516 DM 8, 8.5 C.(1). The Service will evaluate whether the issuance of the ESP complies with section 7 of the Act by conducting an intra-Service section 7 consultation on the issuance of the permit. The result of the biological opinion, in combination with the above finding and any public comments, will be used in the final analysis to determine whether or not to issue the requested ESP, pursuant to the regulation that guide issuance of the type of permit. PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 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: August 21, 2006. James J. Slack, Acting Regional Director, Denver, Colorado. [FR Doc. E6–15590 Filed 9–19–06; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Safe Harbor Agreement and Receipt of Application for an Enhancement of Survival Permit Associated With the Restoration of Habitat for Utah Prairie Dogs on Private Land in Piute County, UT Fish and Wildlife Service, Interior. ACTION: Notice of availability. AGENCY: SUMMARY: Mr. Tarval Torgersen (Applicant/Cooperator) has applied to the Fish and Wildlife Service (Service) for an Enhancement of Survival Permit (ESP) for the Utah prairie dog (UPD) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). This permit application includes a Safe Harbor Agreement (SHA) between the Applicant and the Service. The Service requests information, views, and opinions from the public via this notice. Further, the Service is soliciting information regarding the adequacy of the SHA as measured against the Service’s Safe Harbor Policy and the regulations that implement it. DATES: Written comments on the permit application must be received on or before October 20, 2006. ADDRESSES: Persons wishing to review the SHA and the ESP application may obtain a copy by writing the Service’s Mountain-Prairie Regional Office, Denver, Colorado. Documents also will be available for public inspection during normal business hours at the Regional Office, 134 Union Boulevard, Denver, Colorado 80228–1807, or the Utah Field Office, U.S. Fish and Wildlife Service, 2369 West Orton Circle, Suite 50, West Valley City, Utah 84119. Written data or comments concerning the SHA or ESP application should be submitted to the Regional office and must be in writing to be processed. Comments must be submitted in writing to be adequately considered in the Service’s decisionmaking process. Please reference permit number TE131543–0 in your comments, E:\FR\FM\20SEN1.SGM 20SEN1 jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Notices or in the request for the documents discussed herein. FOR FURTHER INFORMATION CONTACT: Pat Mehlhop, Regional Safe Harbor Coordinator (see Denver address above), telephone 303–236–4215, or Larry Crist, Acting Utah Field Supervisor (see West Valley City address above), telephone 801–975–3330. SUPPLEMENTARY INFORMATION: The UPD is the westernmost member of the genus Cynomys. The species’ range, which is limited to the southwestern quarter of Utah, is the most restricted of all prairie dog species in the United States. Distribution of the UPD has been greatly reduced due to disease (plague), poisoning, drought, and human-related habitat alteration. Protection of this species and enhancement of its habitat on private land will benefit recovery efforts. The primary objective of this SHA is to encourage voluntary conservation measures to benefit the species and the landowner. Through this agreement, the landowner will receive relief from any additional section 9 liability under the Act beyond that which exists at the time the agreement is signed (‘‘regulatory baseline’’). The property is currently used as grazing land and cropland and is bordered on three sides by private lands. At the present time, the property supports several active prairie dog colonies. Foraging habitat and habitat that offers visual surveillance for the prairie dogs will be further enhanced for the UPD by restoring irrigated cropland to perennially-irrigated grazing land, and by implementing a prescribed grazing plan to increase forage quantity and quality. The habitat improvements will be maintained throughout the term of this agreement through managed grazing. The Cooperator will receive an ESP that authorizes implementation of the conservation actions and other provisions of this Agreement and authorizes incidental take of the covered species above the Cooperator’s baseline responsibilities, as defined in the SHA. The proposed SHA would become effective upon signature of the SHA and issuance of the permit, and would remain in effect for 15 years. The requested permit would remain in effect for 35 years. We have made the determination that the proposed activities described in the application and SHA will increase available prairie dog habitat and potentially expand several colonies of prairie dogs on private land. The action is categorically excluded under the National Environmental Policy Act (NEPA). This notice is provided pursuant to the NEPA, section 10 of the Act, and the VerDate Aug<31>2005 17:40 Sep 19, 2006 Jkt 205001 Service’s Safe Harbor Policy (64 FR 32717). The Service has evaluated the impacts of this action under the NEPA and determined that it warrants categorical exclusion as described in 516 DM 8, 8.5 C.(1). The Service will evaluate whether the issuance of the ESP complies with section 7 of the Act by conducting an intra-Service section 7 consultation on the issuance of the permit. The result of the biological opinion, in combination with the above finding and any public comments, will be used in the final analysis to determine whether or not to issue the requested ESP, pursuant to the regulations that guide issuance of the type of permit. 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: August 21, 2006. James J. Slack, Acting Regional Director, Denver, Colorado. [FR Doc. E6–15596 Filed 9–19–06; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [UT–050–06–1220–P–PM] Notice of Off-Highway Vehicle (OHV) Travel Restriction for Factory Butte Area, UT Bureau of Land Management, Interior. ACTION: Notice of Off-Highway Vehicle (OHV) travel restriction for motorized use in the Factory Butte area, Bureau of Land Management, Richfield Field Office, Utah. AGENCY: SUMMARY: Notice is hereby given that effective immediately, the Bureau of Land Management (BLM), Richfield Field Office, is restricting OHV travel to designated routes on 142,023 acres of public lands near Caineville, Utah, known as the Factory Butte area. This restriction does not apply to State or private lands located in the area. Within the Factory Butte area 2,602 acres currently designated as open will remain open and 3,843 acres currently designated as closed will remain closed to OHV travel. The restriction to designated routes affects the remaining 142,023 acres of the area located in portions of T. 27 S., R. 6–10 E.; T. 28 S., R. 7–10 E.; T. 29 S., R. 7 & 8 E.; and T. 30 S., R. 7 & 8 E., Salt Lake Meridian. The purpose of the restriction is to protect threatened and endangered species that have been adversely PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 55009 impacted or are at risk of being adversely impacted by OHV use. This restriction will remain in effect until the conditions giving rise to the restriction have been sufficiently addressed or the Richfield Field Office Resource Management Plan that is currently being prepared is signed by the authorized officer and becomes final. EFFECTIVE DATE: This notice and the OHV restriction are effective immediately. FOR FURTHER INFORMATION CONTACT: Cornell Christensen, Field Office Manager, BLM Richfield Field Office, 150 East 900 North, Richfield, Utah 84701; Phone 435–896–1500. SUPPLEMENTARY INFORMATION: In 1982, the Henry Mountains Management Framework Plan (MFP) designated the majority of public lands in the Factory Butte area managed by the BLM’s Richfield Field Office as ‘‘open’’ to offroad vehicle (i.e., off-highway vehicle) use. An OHV activity area of 640 acres was identified where intensive OHV use was occurring. However, the surrounding areas were also left open to cross-country OHV use. Since 1982, OHV use has significantly increased throughout the Factory Butte area. Surveys conducted have noted mortality to threatened and endangered plant populations from cross-country OHV use. Based on this information, BLM’s authorized officer has determined that OHV use in the area is causing or will cause adverse effects to threatened and endangered plant species. Consequently, OHV use on 142,023 acres in the Factory Butte area is being restricted to designated routes, with 2,602 acres remaining open to crosscountry OHV use and 3,843 acres remaining closed. A map showing the affected areas is available for public inspection at the BLM’s Richfield Field Office at the above address. This map may be revised in the future based on monitoring of resource conditions and trends in the area. OHV use on the remainder of the public lands administered by BLM’s Richfield Field Office will be unchanged and managed according to the existing land use plans. This restriction order applies to all motorized vehicle use with the exception of law enforcement and emergency operations, administrative uses, or other uses authorized by regulations. Implementation A map showing the portions of the Factory Butte area affected by this restriction is available for public review at the BLM’s Richfield Field Office. The map shows the OHV designations E:\FR\FM\20SEN1.SGM 20SEN1

Agencies

[Federal Register Volume 71, Number 182 (Wednesday, September 20, 2006)]
[Notices]
[Pages 55008-55009]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15596]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Safe Harbor Agreement and Receipt of Application for an 
Enhancement of Survival Permit Associated With the Restoration of 
Habitat for Utah Prairie Dogs on Private Land in Piute County, UT

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: Mr. Tarval Torgersen (Applicant/Cooperator) has applied to the 
Fish and Wildlife Service (Service) for an Enhancement of Survival 
Permit (ESP) for the Utah prairie dog (UPD) pursuant to section 
10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). 
This permit application includes a Safe Harbor Agreement (SHA) between 
the Applicant and the Service. The Service requests information, views, 
and opinions from the public via this notice. Further, the Service is 
soliciting information regarding the adequacy of the SHA as measured 
against the Service's Safe Harbor Policy and the regulations that 
implement it.

DATES: Written comments on the permit application must be received on 
or before October 20, 2006.

ADDRESSES: Persons wishing to review the SHA and the ESP application 
may obtain a copy by writing the Service's Mountain-Prairie Regional 
Office, Denver, Colorado. Documents also will be available for public 
inspection during normal business hours at the Regional Office, 134 
Union Boulevard, Denver, Colorado 80228-1807, or the Utah Field Office, 
U.S. Fish and Wildlife Service, 2369 West Orton Circle, Suite 50, West 
Valley City, Utah 84119. Written data or comments concerning the SHA or 
ESP application should be submitted to the Regional office and must be 
in writing to be processed. Comments must be submitted in writing to be 
adequately considered in the Service's decision-making process. Please 
reference permit number TE131543-0 in your comments,

[[Page 55009]]

or in the request for the documents discussed herein.

FOR FURTHER INFORMATION CONTACT: Pat Mehlhop, Regional Safe Harbor 
Coordinator (see Denver address above), telephone 303-236-4215, or 
Larry Crist, Acting Utah Field Supervisor (see West Valley City address 
above), telephone 801-975-3330.

SUPPLEMENTARY INFORMATION: The UPD is the westernmost member of the 
genus Cynomys. The species' range, which is limited to the southwestern 
quarter of Utah, is the most restricted of all prairie dog species in 
the United States. Distribution of the UPD has been greatly reduced due 
to disease (plague), poisoning, drought, and human-related habitat 
alteration. Protection of this species and enhancement of its habitat 
on private land will benefit recovery efforts.
    The primary objective of this SHA is to encourage voluntary 
conservation measures to benefit the species and the landowner. Through 
this agreement, the landowner will receive relief from any additional 
section 9 liability under the Act beyond that which exists at the time 
the agreement is signed (``regulatory baseline''). The property is 
currently used as grazing land and cropland and is bordered on three 
sides by private lands. At the present time, the property supports 
several active prairie dog colonies. Foraging habitat and habitat that 
offers visual surveillance for the prairie dogs will be further 
enhanced for the UPD by restoring irrigated cropland to perennially-
irrigated grazing land, and by implementing a prescribed grazing plan 
to increase forage quantity and quality. The habitat improvements will 
be maintained throughout the term of this agreement through managed 
grazing. The Cooperator will receive an ESP that authorizes 
implementation of the conservation actions and other provisions of this 
Agreement and authorizes incidental take of the covered species above 
the Cooperator's baseline responsibilities, as defined in the SHA. The 
proposed SHA would become effective upon signature of the SHA and 
issuance of the permit, and would remain in effect for 15 years. The 
requested permit would remain in effect for 35 years. We have made the 
determination that the proposed activities described in the application 
and SHA will increase available prairie dog habitat and potentially 
expand several colonies of prairie dogs on private land. The action is 
categorically excluded under the National Environmental Policy Act 
(NEPA). This notice is provided pursuant to the NEPA, section 10 of the 
Act, and the Service's Safe Harbor Policy (64 FR 32717).
    The Service has evaluated the impacts of this action under the NEPA 
and determined that it warrants categorical exclusion as described in 
516 DM 8, 8.5 C.(1). The Service will evaluate whether the issuance of 
the ESP complies with section 7 of the Act by conducting an intra-
Service section 7 consultation on the issuance of the permit. The 
result of the biological opinion, in combination with the above finding 
and any public comments, will be used in the final analysis to 
determine whether or not to issue the requested ESP, pursuant to the 
regulations that guide issuance of the type of permit.

    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: August 21, 2006.
James J. Slack,
Acting Regional Director, Denver, Colorado.
[FR Doc. E6-15596 Filed 9-19-06; 8:45 am]
BILLING CODE 4310-55-P

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