Proposed Programmatic Safe Harbor Agreement for the California Rangeland Conservation Coalition in Butte, Glenn, Shasta, and Tehama Counties, CA, 44378-44379 [E9-20747]
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Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Notices
prior
to or at the meeting. Anyone in need of
assistance or a reasonable
accommodation for the meeting should
contact the person listed under the
heading FOR FURTHER INFORMATION
CONTACT. In addition, sign and oral
interpretation, as well as a listening
device, can be provided if requested 10
calendar days before the meeting.
Arrangements may be made by
contacting the person listed under the
heading FOR FURTHER INFORMATION
CONTACT.
FOR FURTHER INFORMATION CONTACT
Issued in Arlington, Virginia, on August
25, 2009.
John P. Sammon,
Assistant Administrator, Transportation
Sector Network Management.
[FR Doc. E9–20846 Filed 8–25–09; 4:15 pm]
BILLING CODE 9110–05–P
Availability of Documents
You may obtain copies of the
document for review by contacting the
individual named above. You may also
make an appointment to view the
document at the above address during
normal business hours.
DEPARTMENT OF INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2008–N0341; 81420–1113–
0000–F3]
Proposed Programmatic Safe Harbor
Agreement for the California
Rangeland Conservation Coalition in
Butte, Glenn, Shasta, and Tehama
Counties, CA
hsrobinson on DSK69SOYB1PROD with NOTICES
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; receipt of
application.
SUMMARY: This notice advises the public
that the California Cattlemen’s
Association (Applicant) has applied to
the U.S. Fish and Wildlife Service
(Service) for an Enhancement of
Survival permit pursuant to section
10(a)(1)(A) of the Endangered Species
Act of 1973, as amended (Act). The
permit application includes a proposed
Safe Harbor Agreement (Agreement)
between the Applicant and the Service
for the federally-endangered vernal pool
tadpole shrimp (Lepidurus packardi),
the threatened vernal pool fairy shrimp
(Branchinecta lynchi), the endangered
Conservancy fairy shrimp (Branchinecta
conservatio), the threatened valley
elderberry longhorn beetle (Desmocerus
californicus dimorphus), the threatened
giant garter snake (Thamnophis gigas),
the threatened California red-legged frog
(Rana aurora draytonii), the threatened
Hoover’s spurge (Chamaesyce hooveri),
the endangered Butte County
meadowfoam (Limnanthes floccosa ssp.
californica), the endangered hairy
Orcutt grass (Orcuttia pilosa), the
threatened slender Orcutt grass
VerDate Nov<24>2008
21:38 Aug 27, 2009
Jkt 217001
(Orcuttia tenuis), and the endangered
Greene’s tuctoria (Tuctoria greenei)
(collectively referred to as the Covered
Species). The Agreement is available for
public comment.
DATES: Written comments should be
received on or before September 28,
2009.
ADDRESSES: Comments should be
addressed to Mr. Rick Kuyper, 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.
FOR FURTHER INFORMATION CONTACT: Mr.
Rick Kuyper, Sacramento Fish and
Wildlife Office (see ADDRESSES);
telephone: (916) 414–6600.
SUPPLEMENTARY INFORMATION:
Background
Under a Safe Harbor Agreement,
participating landowners voluntarily
undertake management activities on
their property to enhance, restore, or
maintain habitat benefiting species
listed under the Act (16 U.S.C. 1531 et
seq.). Safe Harbor Agreements, and the
subsequent enhancement of survival
permits that are issued pursuant to
section 10(a)(1)(A) of the Act, encourage
private and other non-Federal property
owners to implement conservation
efforts for listed species by assuring
property owners that they will not be
subjected to increased property use
restrictions as a result of their efforts to
attract listed species to their property, or
to increase the numbers or distribution
of listed species already on their
property. Application requirements and
issuance criteria for enhancement of
survival permits through Safe Harbor
Agreements are found in 50 CFR
17.22(c) and 17.32(c). These permits
allow any necessary future incidental
take of covered species above the
mutually agreed upon baseline
conditions for those species in
accordance with the terms and
conditions of the permits and
accompanying agreements.
This Agreement was developed by
members of the California Rangeland
Conservation Coalition (CRCC),
including the Applicant, the Service,
the California Department of Fish and
Game, the Natural Resources
Conservation Service, the California
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
Farm Bureau Federation, Environmental
Defense Fund, Defenders of Wildlife,
and Sustainable Conservation. In
addition, the CRCC met with recognized
species experts and private cattle
ranchers in development of the
Agreement. The Agreement is expected
to promote the recovery of the Covered
Species on non-Federal properties
within Butte, Glenn, Tehama, and
Shasta Counties. The proposed duration
of the Agreement and the associated
Enhancement of Survival permit are 50
years.
The Agreement was also prepared in
conjunction with the California
Department of Fish and Game’s
Voluntary Local Program, which is
roughly equivalent to the Federal Safe
Harbor Program. The California
Department of Fish and Game will cover
a variety of State-listed species through
this joint-Agreement.
The proposed Enhancement of
Survival permit would authorize the
incidental taking of the Covered Species
associated with: the restoration,
enhancement, and maintenance of
suitable habitat for the Covered Species;
routine activities associated with
rangeland and some agricultural lands
management; and the potential future
return of any property included in the
Agreement to baseline conditions.
Under this Agreement, individual
landowners (Cooperators) may include
their properties by entering into a
Cooperative Agreement with the
Applicant. Each Cooperative Agreement
will specify the restoration and/or
enhancement, and management
activities to be carried out on that
specific property and a timetable for
implementing those activities. All
Cooperative Agreements will be
reviewed by the Service to determine
whether the proposed activities will
result in a net conservation benefit for
the Covered Species and meet all
required standards of the Safe Harbor
Policy (64 FR 32717). Upon Service
approval, the Applicant will issue a
Certificate of Inclusion to the
Cooperator. Each Certificate of Inclusion
will extend the incidental take coverage
conferred by the Enhancement of
Survival permit to the Cooperator.
Certificates of Inclusion will be valid for
a period of 10 years and are renewable
during the 50-year term of the
Enhancement of Survival permit.
Specific determinations for which
species will be covered under each
Cooperative Agreement will be
determined by the Service on a case by
case basis and will depend on the type
of habitat present and the restoration
and/or enhancement activities that will
be implemented by the Cooperator.
E:\FR\FM\28AUN1.SGM
28AUN1
Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Notices
hsrobinson on DSK69SOYB1PROD with NOTICES
Baseline levels for the Covered
Species will be determined by
completing the Baseline Habitat
Worksheet (Attachment 4 of the
Agreement), which will be completed
by a person approved by the Service.
The Service will review each baseline
determination prior to the Applicant
issuing a Certificate of Inclusion to the
Cooperator. The Agreement also
contains a monitoring component that
requires the Applicant to ensure that the
Cooperators are in compliance with the
terms and conditions of the Agreement
and maintaining baseline levels of
habitat for the Covered Species. Results
of these monitoring efforts will be
provided to the Service by the
Applicant in an annual report.
Upon approval of this Agreement, and
consistent with the Service’s Safe
Harbor Policy (64 FR 32717), the Service
would issue an Enhancement of
Survival permit to the Applicant. This
permit will authorize Cooperators
issued a Certificate of Inclusion to take
the Covered Species incidental to the
implementation of the management
activities specified in the Agreement,
incidental to other lawful uses of the
property including normal, routine land
management activities, and incidental to
return to baseline conditions if desired.
Although take of listed plant species is
not prohibited under the Act, and
therefore cannot be authorized under an
enhancement of survival permit, plant
species may be included on a permit in
recognition of the net conservation
benefit provided to them under a safe
harbor agreement. An applicant would
receive assurances under our ‘‘No
Surprises’’ regulations (50 CFR
17.22(c)(5) and 17.32(c)(5)) for all
species included in the Enhancement of
Survival permit. In addition to meeting
other criteria, actions to be performed
under an Enhancement of Survival
permit must not jeopardize the
existence of federally listed fish,
wildlife, or plants.
Public Review and Comments
The Service has made a preliminary
determination that the proposed
Agreement and permit application are
eligible for categorical exclusion under
the National Environmental Policy Act
of 1969 (NEPA). We explain the basis
for this determination in an
Environmental Action Statement that is
also available for public review.
Individuals wishing copies of the
Environmental Action Statement, and/
or copies of the full text of the
Agreement, including a map of the
proposed permit area, should contact
the office and personnel listed in the
ADDRESSES section above.
VerDate Nov<24>2008
21:38 Aug 27, 2009
Jkt 217001
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
The Service will evaluate this permit
application, associated documents, and
comments submitted thereon to
determine whether the permit
application meets the requirements of
section 10(a) of the Act and NEPA
regulations. If the Service determines
that the requirements are met, we will
sign the proposed Agreement and issue
an enhancement of survival permit
under section 10(a)(1)(A) of the Act to
the Applicant for take of the Covered
Species incidental to otherwise lawful
activities in accordance with the terms
of the Agreement. The Service will not
make our final decision until after the
end of the 30-day comment period and
will fully consider all comments
received during the comment period.
The Service provides this notice
pursuant to section 10(c) of the Act and
pursuant to implementing regulations
for NEPA (40 CFR 1506.6).
August 21, 2009.
Susan K. Moore,
Field Supervisor, Sacramento Fish and
Wildlife Office, Sacramento, California.
[FR Doc. E9–20747 Filed 8–27–09; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2008–N0201; ABC Code:
1261–0000–80230–W2]
Sears Point Wetland and Watershed
Restoration Project, Sonoma County,
CA
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments: draft environmental
impact statement and environmental
impact report.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service) and the
California Department of Fish and Game
(CDFG), in cooperation with the
Sonoma Land Trust (SLT), have
prepared a draft environmental impact
report and environmental impact
statement (DEIR/EIS) on the restoration
of approximately 2,300 acres (ac) of
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
44379
former farm land located in Sonoma
County, California near the San Pablo
Bay. The proposed restoration project,
which would be implemented by the
SLT, would restore natural estuarine
ecosystems on diked baylands, while
providing public access and recreational
and educational opportunities
compatible with ecological and cultural
resources protection. In accordance with
National Environmental Policy Act of
1969 (NEPA), this notice advises other
agencies, Tribes, and the public that the
DEIR/EIS on the proposed Sears Point
Wetland and Watershed Restoration
Project is now available for review. We
invite and encourage interested persons
to review the document and submit
written comments to identify issues
related to the alternatives we address in
the DEIR/EIS.
DATES: We must receive written
comments at the address below on or
before October 13, 2009. You may
submit comments by any one of the
methods we describe under ADDRESSES.
We will hold a public meeting in the fall
of 2009, to solicit comments. See
SUPPLEMENTARY INFORMATION for more
details.
ADDRESSES: The Draft EIS/EIR is
available for review at:
• Refuge Headquarters Office, San
Pablo Bay National Wildlife Refuge,
2100 Highway 37, Petaluma, CA 94954;
(707) 769–4200.
• San Francisco Bay National
Wildlife Refuge Complex, 9500
Thornton Avenue, Newark, CA 94560;
(510) 792–0222.
• John F. Kennedy Public Library,
505 Santa Clara, Vallejo, CA 94590.
• https://www.sonomalandtrust.org.
Written comments and requests for
information may be mailed to: Christy
Smith, Refuge Manager, San Pablo Bay
National Wildlife Refuge, 7715 Lakeville
Highway, Petaluma, California, 94954.
Alternatively, you may fax written
comments to (707) 769–8106, or send
them by electronic mail to
christy_smith@fws.gov. Please include
the heading ‘‘Sears Point NEPA
comments in your response.
FOR FURTHER INFORMATION CONTACT:
Christy Smith, Refuge Manager, San
Pablo Bay NWR, (707) 769–4200
(phone); christy_smith@fws.gov (e-mail),
or John Brosnan, Baylands Program
Manager, at (707) 526–6930 x109
(phone); john@sonomalandtrust.org (email).
SUPPLEMENTARY INFORMATION:
Location
The project site is located at Sears
Point near the intersection of LakevilleReclamation Road and State Route 37
E:\FR\FM\28AUN1.SGM
28AUN1
]]>Agencies
[Federal Register Volume 74, Number 166 (Friday, August 28, 2009)]
[Notices]
[Pages 44378-44379]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20747]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2008-N0341; 81420-1113-0000-F3]
Proposed Programmatic Safe Harbor Agreement for the California
Rangeland Conservation Coalition in Butte, Glenn, Shasta, and Tehama
Counties, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; receipt of application.
-----------------------------------------------------------------------
SUMMARY: This notice advises the public that the California Cattlemen's
Association (Applicant) has applied to the U.S. Fish and Wildlife
Service (Service) for an Enhancement of Survival permit pursuant to
section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended
(Act). The permit application includes a proposed Safe Harbor Agreement
(Agreement) between the Applicant and the Service for the federally-
endangered vernal pool tadpole shrimp (Lepidurus packardi), the
threatened vernal pool fairy shrimp (Branchinecta lynchi), the
endangered Conservancy fairy shrimp (Branchinecta conservatio), the
threatened valley elderberry longhorn beetle (Desmocerus californicus
dimorphus), the threatened giant garter snake (Thamnophis gigas), the
threatened California red-legged frog (Rana aurora draytonii), the
threatened Hoover's spurge (Chamaesyce hooveri), the endangered Butte
County meadowfoam (Limnanthes floccosa ssp. californica), the
endangered hairy Orcutt grass (Orcuttia pilosa), the threatened slender
Orcutt grass (Orcuttia tenuis), and the endangered Greene's tuctoria
(Tuctoria greenei) (collectively referred to as the Covered Species).
The Agreement is available for public comment.
DATES: Written comments should be received on or before September 28,
2009.
ADDRESSES: Comments should be addressed to Mr. Rick Kuyper, 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.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Kuyper, Sacramento Fish and
Wildlife Office (see ADDRESSES); telephone: (916) 414-6600.
SUPPLEMENTARY INFORMATION:
Availability of Documents
You may obtain copies of the document for review by contacting the
individual named above. You may also make an appointment to view the
document at the above address during normal business hours.
Background
Under a Safe Harbor Agreement, participating landowners voluntarily
undertake management activities on their property to enhance, restore,
or maintain habitat benefiting species listed under the Act (16 U.S.C.
1531 et seq.). Safe Harbor Agreements, and the subsequent enhancement
of survival permits that are issued pursuant to section 10(a)(1)(A) of
the Act, encourage private and other non-Federal property owners to
implement conservation efforts for listed species by assuring property
owners that they will not be subjected to increased property use
restrictions as a result of their efforts to attract listed species to
their property, or to increase the numbers or distribution of listed
species already on their property. Application requirements and
issuance criteria for enhancement of survival permits through Safe
Harbor Agreements are found in 50 CFR 17.22(c) and 17.32(c). These
permits allow any necessary future incidental take of covered species
above the mutually agreed upon baseline conditions for those species in
accordance with the terms and conditions of the permits and
accompanying agreements.
This Agreement was developed by members of the California Rangeland
Conservation Coalition (CRCC), including the Applicant, the Service,
the California Department of Fish and Game, the Natural Resources
Conservation Service, the California Farm Bureau Federation,
Environmental Defense Fund, Defenders of Wildlife, and Sustainable
Conservation. In addition, the CRCC met with recognized species experts
and private cattle ranchers in development of the Agreement. The
Agreement is expected to promote the recovery of the Covered Species on
non-Federal properties within Butte, Glenn, Tehama, and Shasta
Counties. The proposed duration of the Agreement and the associated
Enhancement of Survival permit are 50 years.
The Agreement was also prepared in conjunction with the California
Department of Fish and Game's Voluntary Local Program, which is roughly
equivalent to the Federal Safe Harbor Program. The California
Department of Fish and Game will cover a variety of State-listed
species through this joint-Agreement.
The proposed Enhancement of Survival permit would authorize the
incidental taking of the Covered Species associated with: the
restoration, enhancement, and maintenance of suitable habitat for the
Covered Species; routine activities associated with rangeland and some
agricultural lands management; and the potential future return of any
property included in the Agreement to baseline conditions. Under this
Agreement, individual landowners (Cooperators) may include their
properties by entering into a Cooperative Agreement with the Applicant.
Each Cooperative Agreement will specify the restoration and/or
enhancement, and management activities to be carried out on that
specific property and a timetable for implementing those activities.
All Cooperative Agreements will be reviewed by the Service to determine
whether the proposed activities will result in a net conservation
benefit for the Covered Species and meet all required standards of the
Safe Harbor Policy (64 FR 32717). Upon Service approval, the Applicant
will issue a Certificate of Inclusion to the Cooperator. Each
Certificate of Inclusion will extend the incidental take coverage
conferred by the Enhancement of Survival permit to the Cooperator.
Certificates of Inclusion will be valid for a period of 10 years and
are renewable during the 50-year term of the Enhancement of Survival
permit. Specific determinations for which species will be covered under
each Cooperative Agreement will be determined by the Service on a case
by case basis and will depend on the type of habitat present and the
restoration and/or enhancement activities that will be implemented by
the Cooperator.
[[Page 44379]]
Baseline levels for the Covered Species will be determined by
completing the Baseline Habitat Worksheet (Attachment 4 of the
Agreement), which will be completed by a person approved by the
Service. The Service will review each baseline determination prior to
the Applicant issuing a Certificate of Inclusion to the Cooperator. The
Agreement also contains a monitoring component that requires the
Applicant to ensure that the Cooperators are in compliance with the
terms and conditions of the Agreement and maintaining baseline levels
of habitat for the Covered Species. Results of these monitoring efforts
will be provided to the Service by the Applicant in an annual report.
Upon approval of this Agreement, and consistent with the Service's
Safe Harbor Policy (64 FR 32717), the Service would issue an
Enhancement of Survival permit to the Applicant. This permit will
authorize Cooperators issued a Certificate of Inclusion to take the
Covered Species incidental to the implementation of the management
activities specified in the Agreement, incidental to other lawful uses
of the property including normal, routine land management activities,
and incidental to return to baseline conditions if desired. Although
take of listed plant species is not prohibited under the Act, and
therefore cannot be authorized under an enhancement of survival permit,
plant species may be included on a permit in recognition of the net
conservation benefit provided to them under a safe harbor agreement. An
applicant would receive assurances under our ``No Surprises''
regulations (50 CFR 17.22(c)(5) and 17.32(c)(5)) for all species
included in the Enhancement of Survival permit. In addition to meeting
other criteria, actions to be performed under an Enhancement of
Survival permit must not jeopardize the existence of federally listed
fish, wildlife, or plants.
Public Review and Comments
The Service has made a preliminary determination that the proposed
Agreement and permit application are eligible for categorical exclusion
under the National Environmental Policy Act of 1969 (NEPA). We explain
the basis for this determination in an Environmental Action Statement
that is also available for public review.
Individuals wishing copies of the Environmental Action Statement,
and/or copies of the full text of the Agreement, including a map of the
proposed permit area, should contact the office and personnel listed in
the ADDRESSES section above.
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
The Service will evaluate this permit application, associated
documents, and comments submitted thereon to determine whether the
permit application meets the requirements of section 10(a) of the Act
and NEPA regulations. If the Service determines that the requirements
are met, we will sign the proposed Agreement and issue an enhancement
of survival permit under section 10(a)(1)(A) of the Act to the
Applicant for take of the Covered Species incidental to otherwise
lawful activities in accordance with the terms of the Agreement. The
Service will not make our final decision until after the end of the 30-
day comment period and will fully consider all comments received during
the comment period.
The Service provides this notice pursuant to section 10(c) of the
Act and pursuant to implementing regulations for NEPA (40 CFR 1506.6).
August 21, 2009.
Susan K. Moore,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento,
California.
[FR Doc. E9-20747 Filed 8-27-09; 8:45 am]
BILLING CODE 4310-55-P
