Proposed Pacific Gas and Electric Safe Harbor Agreement for Interior Dune Species Located in Antioch Dunes in Contra Costa County, CA, 65548-65549 [E9-29434]
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65548
Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Notices
(4) Baseline environmental conditions
within the range of the northern spotted
owl;
(5) Other plans or projects that might
be relevant to this project;
(6) Measures that would minimize
and mitigate potentially adverse effects
of the proposed project;
(7) Considerations for the ethical and
humane treatment of barred owls
removed during the experiments; and
(8) Any other information pertinent to
evaluating the effects of this project on
the human environment.
The environmental review will
analyze and document the effects the
considered alternatives would have on
barred owls and northern spotted owls,
as well as other components of the
human environment, including but not
limited to cultural resources, social
resources (including public safety),
economic resources, and environmental
justice.
If you wish to comment, you may
submit your comments and materials
concerning this proposal by any one of
several methods (see ADDRESSES). Please
submit e-mail comments to
BarredOwlEIS@fws.gov. Please also
include ‘‘Attn: Barred Owl EIS’’ in your
e-mail subject header and your name
and return address in the body of your
message. If you do not receive a
confirmation from the system that we
have received your e-mail message,
contact us directly by calling our
Oregon Fish and Wildlife Office at
phone number 503–231–6179. Please
note that the e-mail address will be
closed at the end of the public comment
period.
mstockstill on DSKH9S0YB1PROD with NOTICES
Public Availability of Comments
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. Comments and materials we
receive will be available for public
inspection, by appointment, during
normal business hours at the Oregon
Fish and Wildlife Office (see
ADDRESSES).
References Cited
A complete list of all references cited
herein is available upon request from
our Oregon Fish and Wildlife Office (see
FOR FURTHER INFORMATION CONTACT).
VerDate Nov<24>2008
17:19 Dec 09, 2009
Jkt 220001
Dated: December 3, 2009.
David Wesley,
Deputy Regional Director, U.S. Fish and
Wildlife Service, Region 1, Portland, Oregon.
[FR Doc. E9–29447 Filed 12–9–09; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2009–N255; 81420–1113–
0000–F3]
Proposed Pacific Gas and Electric Safe
Harbor Agreement for Interior Dune
Species Located in Antioch Dunes in
Contra Costa County, CA
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; receipt of
application.
SUMMARY: This notice advises the public
that Pacific Gas and Electric (Applicant)
has applied to the U.S. Fish and
Wildlife Service (Service) for an
Enhancement of Survival permit under
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 Lange’s metalmark
butterfly (Apodemia mormo langei),
Antioch Dunes evening primrose
(Oenothera deltoids ssp. howellii), and
the Contra Costa wallflower (Erysimum
capitatum var. angustatum)
(collectively referred to as the Covered
Species). The Agreement is available for
public comment.
DATES: To ensure consideration, please
send your written comments by January
11, 2010.
ADDRESSES: Send comments to Mr. Rick
Kuyper, via U.S. mail at U.S. Fish and
Wildlife Service, Sacramento Fish and
Wildlife Office, 2800 Cottage Way, W–
2605, Sacramento, California 95825, or
via 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
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
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.
The Agreement would cover two 6acre parcels (Enrolled Property) that are
located along the south shore of the San
Joaquin River in Contra Costa County,
California, in an area that was once part
of an expanse of riverine sand dunes.
The two parcels are located adjacent to,
and on either side of, the 14-acre Sardis
Unit of the Antioch Dunes National
Wildlife Refuge (‘‘Refuge’’). Two
transmission towers are located on the
Enrolled Property—one 115 kV tower on
the west parcel and one 230 kV tower
on the east parcel. The Applicant relies
on graveled and dirt access roads to
reach all of its facilities on the Enrolled
Property. Each tower has an established
work area that is utilized for
maintenance and operation activities.
The purpose of this Agreement is for
the Service and the Applicant to
collaborate and implement conservation
measures for the Covered Species. This
will be accomplished by restoring and
maintaining suitable habitat within the
Enrolled Property within the Antioch
Dunes system. Restoration actions will
primarily involve controlling invasive
plant species. Such eradication
techniques employed by the Applicant
may involve the use of herbicides to be
applied around host plants for the
Lange’s metalmark butterfly, as well as
Antioch Dunes evening primrose and
Contra Costa wallflower. The Service
will provide the Applicant with a list of
chemicals that are safe to use around
host plants and that are not harmful to
Lange’s metalmark butterflies. Other
weed eradication techniques may
E:\FR\FM\10DEN1.SGM
10DEN1
mstockstill on DSKH9S0YB1PROD with NOTICES
Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Notices
include manual removal. Once
nonnative plants are removed by the
Applicant, the Service will be
responsible for restoration of
endangered and native plants to the
Enrolled Parcels. The Service will
enhance areas located away from the
transmission towers by planting or
seeding appropriate native plants,
including Contra Costa wallflower,
Antioch Dunes evening primrose, and
host plants for the Lange’s metalmark
butterfly. Other natives may be planted
or seeded into the sites as well. The
majority of native plant restoration
activities will occur in areas away from
the two transmission towers such that
when it is necessary for the Applicant
to conduct maintenance on the towers,
the overall damage to the habitat and
probable take of endangered species will
be minimized.
The Service expects that the proposed
restoration activities will result in an
increase in host plants for the Lange’s
metalmark butterfly throughout the
Enrolled Property thus resulting in a net
conservation benefit for this species.
Additionally, the restoration activities
will decrease threats to the Contra Costa
wallflower and the Antioch Dunes
evening primrose by reducing the
amount of invasive, nonnative plants
that outcompete the federally
endangered plants.
The proposed duration of the
Enhancement of Survival permit would
be for 5 years, and 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
maintenance and operation of the two
transmission towers; and the potential
future return of the Enrolled Property to
baseline conditions. The Agreement also
contains a monitoring component that
will provide information on the success
of weed eradication and will also assist
the Refuge in early detection of new
invasive plant 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 the Applicant 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
VerDate Nov<24>2008
17:19 Dec 09, 2009
Jkt 220001
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.
65549
pursuant to implementing regulations
for NEPA (40 CFR 1506.6).
Dated: December 3, 2009.
Susan K. Moore,
Field Supervisor, Sacramento Fish and
Wildlife Office, Sacramento, California.
[FR Doc. E9–29434 Filed 12–9–09; 8:45 am]
BILLING CODE 4310–55–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–459 and 731–
TA–1155 (Final)]
Commodity Matchbooks From India
Public Review and Comments
Determinations
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 our
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
On the basis of the record1 developed
in the subject investigations, the United
States International Trade Commission
(Commission) determines, pursuant to
section 735(b) of the Tariff Act of 1930
(19 U.S.C. 1673d(b)) (the Act), that an
industry in the United States is
materially injured by reason of imports
from India of commodity matchbooks,
provided for in subheading 3605.00.00
of the Harmonized Tariff Schedule of
the United States, that have been found
by the Department of Commerce
(Commerce) to be subsidized by the
Government of India and to be sold in
the United States at less than fair value
(LTFV).
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
Background
The Commission instituted these
investigations effective October 29,
2008, following receipt of a petition
filed with the Commission and
Commerce by D.D. Bean & Sons, Co.,
Jaffrey, NH. The final phase of the
investigations was scheduled by the
Commission following notification of
preliminary determinations by
Commerce that imports of commodity
matchbooks from India were being
subsidized within the meaning of
section 703(b) of the Act (19 U.S.C.
1671b(b)) and that imports of
commodity matchbooks from India were
being sold at LTFV within the meaning
of section 733(b) of the Act (19 U.S.C.
1673b(b)). Notice of the scheduling of
the final phase of the Commission’s
investigations and of a public hearing to
be held in connection therewith was
given by posting copies of the notice in
the Office of the Secretary, U.S.
International Trade Commission,
Washington, DC, and by publishing the
notice in the Federal Register of July 17,
2009 (74 FR 34783). The hearing was
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR § 207.2(f)).
E:\FR\FM\10DEN1.SGM
10DEN1
]]>Agencies
[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Notices]
[Pages 65548-65549]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29434]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2009-N255; 81420-1113-0000-F3]
Proposed Pacific Gas and Electric Safe Harbor Agreement for
Interior Dune Species Located in Antioch Dunes in Contra Costa County,
CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; receipt of application.
-----------------------------------------------------------------------
SUMMARY: This notice advises the public that Pacific Gas and Electric
(Applicant) has applied to the U.S. Fish and Wildlife Service (Service)
for an Enhancement of Survival permit under 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 Lange's metalmark butterfly (Apodemia
mormo langei), Antioch Dunes evening primrose (Oenothera deltoids ssp.
howellii), and the Contra Costa wallflower (Erysimum capitatum var.
angustatum) (collectively referred to as the Covered Species). The
Agreement is available for public comment.
DATES: To ensure consideration, please send your written comments by
January 11, 2010.
ADDRESSES: Send comments to Mr. Rick Kuyper, via U.S. mail at U.S. Fish
and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage
Way, W-2605, Sacramento, California 95825, or via 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.
The Agreement would cover two 6-acre parcels (Enrolled Property)
that are located along the south shore of the San Joaquin River in
Contra Costa County, California, in an area that was once part of an
expanse of riverine sand dunes. The two parcels are located adjacent
to, and on either side of, the 14-acre Sardis Unit of the Antioch Dunes
National Wildlife Refuge (``Refuge''). Two transmission towers are
located on the Enrolled Property--one 115 kV tower on the west parcel
and one 230 kV tower on the east parcel. The Applicant relies on
graveled and dirt access roads to reach all of its facilities on the
Enrolled Property. Each tower has an established work area that is
utilized for maintenance and operation activities.
The purpose of this Agreement is for the Service and the Applicant
to collaborate and implement conservation measures for the Covered
Species. This will be accomplished by restoring and maintaining
suitable habitat within the Enrolled Property within the Antioch Dunes
system. Restoration actions will primarily involve controlling invasive
plant species. Such eradication techniques employed by the Applicant
may involve the use of herbicides to be applied around host plants for
the Lange's metalmark butterfly, as well as Antioch Dunes evening
primrose and Contra Costa wallflower. The Service will provide the
Applicant with a list of chemicals that are safe to use around host
plants and that are not harmful to Lange's metalmark butterflies. Other
weed eradication techniques may
[[Page 65549]]
include manual removal. Once nonnative plants are removed by the
Applicant, the Service will be responsible for restoration of
endangered and native plants to the Enrolled Parcels. The Service will
enhance areas located away from the transmission towers by planting or
seeding appropriate native plants, including Contra Costa wallflower,
Antioch Dunes evening primrose, and host plants for the Lange's
metalmark butterfly. Other natives may be planted or seeded into the
sites as well. The majority of native plant restoration activities will
occur in areas away from the two transmission towers such that when it
is necessary for the Applicant to conduct maintenance on the towers,
the overall damage to the habitat and probable take of endangered
species will be minimized.
The Service expects that the proposed restoration activities will
result in an increase in host plants for the Lange's metalmark
butterfly throughout the Enrolled Property thus resulting in a net
conservation benefit for this species. Additionally, the restoration
activities will decrease threats to the Contra Costa wallflower and the
Antioch Dunes evening primrose by reducing the amount of invasive,
nonnative plants that outcompete the federally endangered plants.
The proposed duration of the Enhancement of Survival permit would
be for 5 years, and 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 maintenance and operation of the two
transmission towers; and the potential future return of the Enrolled
Property to baseline conditions. The Agreement also contains a
monitoring component that will provide information on the success of
weed eradication and will also assist the Refuge in early detection of
new invasive plant 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 the Applicant 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 our 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).
Dated: December 3, 2009.
Susan K. Moore,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento,
California.
[FR Doc. E9-29434 Filed 12-9-09; 8:45 am]
BILLING CODE 4310-55-P
