Least Chub and Columbia Spotted Frog Candidate Conservation Agreement With Assurances; Receipt of Application for Enhancement of Survival Permit; Bishop Springs, UT, 8733-8735 [2010-3853]
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<![CDATA[
Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices
conducted under authority of the
permit.
(2) FWS Form 3-200-3 (Import/Export
License). It is unlawful to import or
export wildlife or wildlife products for
commercial purposes without first
obtaining an import/export license (50
CFR 14.91). Applicants must complete
FWS Form 3-200-3 to request this
license. We use the information that we
collect on the application as an
enforcement tool and management aid
to: (a) monitor the international wildlife
market and (b) detect trends and
changes in the commercial trade of
wildlife and wildlife products. Import/
export licenses are valid for 1 year. We
may require a licensee to file a report on
activities conducted under authority of
the import/export license.
Import/export licensees must
maintain records that accurately
describe each importation or
exportation of wildlife or wildlife
products made under the license, and
any additional sale or transfer of the
wildlife or wildlife products. In
addition, licensees must make these
records and the corresponding
inventory of wildlife or wildlife
products available for our inspection at
reasonable times, subject to applicable
limitations of law. We believe the
burden associated with these
recordkeeping requirements is minimal
because the records already exist.
Importers and exporters must complete
FWS Form 3-177 (Declaration for
Importation or Exportation of Fish or
Wildlife) for all imports or exports of
wildlife or wildlife products. This form
provides an accurate description of the
imports and exports. OMB has approved
the information collection for FWS
Form 3-177 and assigned OMB Control
Number 1018-0012. Normal business
practices should produce records (e.g.,
invoices or bills of sale) needed to
Number of annual
respondents
Activity
3-200-2
3-200-2
3-200-3
3-200-3
8733
document additional sales or transfers
of the wildlife or wildlife products.
II. Data
OMB Control Number: 1018-0092.
Title: Federal Fish and Wildlife
Permit Applications and Reports—Law
Enforcement.
Service Form Number(s): 3-200-2 and
3-200-3.
Type of Request: Revision of a
currently approved collection.
Affected Public: Individuals,
businesses, and scientific institutions.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion
for applications; annually or
periodically for reports; ongoing for
recordkeeping.
Estimated Annual Nonhour Burden:
$11,905 for fees associated with permit
applications.
Number of annual
responses
Completion time
per response
Annual burden
hours
– application and recordkeeping ................................
report ..........................................................................
- application and recordkeeping .................................
report ..........................................................................
1,350
5
10,555
5
1,350
5
10,555
5
1.25 hours .......
1 hour ..............
1.25 hours .......
1 hour ..............
1,688
5
13,194
5
Totals ................................................................................
11,915
11,915
.....................
14,892
jlentini on DSKJ8SOYB1PROD with NOTICES
III. Request for Comments
We invite comments concerning this
IC on:
• Whether or not the collection of
information is necessary, including
whether or not the information will
have practical utility;
• The accuracy of our estimate of the
burden for this collection of
information;
• Ways to enhance the quality, utility,
and clarity of the information to be
collected; and
• Ways to minimize the burden of the
collection of information on
respondents.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this IC. 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.
VerDate Nov<24>2008
16:34 Feb 24, 2010
Jkt 220001
Dated: February 18, 2010
Hope Grey,
Information Collection Clearance Officer,
Fish and Wildlife Service.
FR Doc. 2010–3888 Filed 2–24–10; 8:45 am
Billing Code 4310–55–S
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R6–ES–2009–N277; 65411–1112–
0000–A2]
Least Chub and Columbia Spotted
Frog Candidate Conservation
Agreement With Assurances; Receipt
of Application for Enhancement of
Survival Permit; Bishop Springs, UT
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; receipt of
application.
We, the Fish and Wildlife
Service (Service), have received an
application from Herman Young and
Sons, Inc. (Applicant), for an
enhancement of survival permit (permit)
under the Endangered Species Act of
1973, as amended (Act). The permit
application includes a proposed
Candidate Conservation Agreement with
SUMMARY:
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
Assurances (CCAA) for the least chub
(Iotichthys phlegethontis) and Columbia
spotted frog (Rana lutreiventris)
between the Applicant, the Utah
Division of Wildlife Resources (UDWR),
and the Service. The CCAA would be
implemented at the Bishop Springs
marsh complex (Bishop Springs) in Juab
County, Utah. We have made a
preliminary determination that the
proposed CCAA and permit application
are eligible for categorical exclusion
under the National Environmental
Policy Act of 1969 (NEPA). The basis for
this preliminary determination is
contained in an Environmental Action
Statement. We are accepting comments
on the permit application, the proposed
CCAA, and the Environmental Action
Statement.
DATES: We must receive comments no
later than March 29, 2010.
ADDRESSES: Address all written
comments to Larry Crist, by U.S. mail at
Utah Field Office, U.S. Fish and
Wildlife Service, 2369 West Orton
Circle, Suite 50, West Valley City, UT
84119; by facsimile to 801–975–3331; or
by e-mail to larry_crist@fws.gov.
FOR FURTHER INFORMATION CONTACT:
Larry Crist, Utah Field Office
Supervisor, 801–975–3330. If you use a
E:\FR\FM\25FEN1.SGM
25FEN1
jlentini on DSKJ8SOYB1PROD with NOTICES
8734
Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices
telecommunications device for the deaf,
you may call the Federal Information
Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION: Under a
Candidate Conservation Agreement with
Assurances, participating landowners
voluntarily undertake management
activities on their property to enhance,
restore, or maintain habitat benefiting
species that are proposed for listing
under the Act, or that are candidates for
listing, or may become candidates.
Candidate Conservation Agreements
with Assurances, and the subsequent
permits we issue under section
10(a)(1)(A) of the Act (16 U.S.C. 1531 et
seq.), encourage private and other nonFederal property owners to implement
conservation efforts for species, by
assuring property owners that they will
not be subjected to increased land use
restrictions as a result of efforts to
attract or increase the numbers or
distribution of a listed species on their
property, if that species becomes listed
under the Act in the future. Application
requirements and issuance criteria for
permits through the Candidate
Conservation Agreement with
Assurances are found in the Code of
Federal Regulations (CFR) at 50 CFR
17.22(d) and 17.32(d).
Historically, least chub and Columbia
spotted frog inhabited a variety of
aquatic habitat types throughout the
Bonneville Basin in Utah. In the West
Desert of Utah these species occur in
many of the same spring complexes,
including Bishop Springs. Both species
have declined to the extent that they
have been considered for listing under
the Endangered Species Act.
A decline in the distribution and
abundance of the least chub was first
noted in the 1940s and 1950s. Habitat
loss and degradation have been
identified as major causes for this
decline. Surveys indicate that where
nonnative fishes have been introduced,
few if any least chub remain.
In 1998, the Service, Utah Department
of Natural Resources, Bureau of Land
Management (BLM), Bureau of
Reclamation, Utah Reclamation
Mitigation and Conservation
Commission, Confederated Tribes of the
Goshute Reservation, and Central Utah
Water Conservancy District signed a
Least Chub Conservation Agreement
and Strategy (LCCAS). The LCCAS is a
voluntary agreement to ensure the longterm survival of the least chub within its
historic range and assist in the
development of rangewide conservation
efforts. Significant conservation
measures were accomplished for the
species and several new populations
were located outside the West Desert
VerDate Nov<24>2008
16:34 Feb 24, 2010
Jkt 220001
ecosystem. The only remaining
naturally occurring and relatively secure
populations of least chub are present in
five spring complexes in Snake Valley,
Utah, one of which is Bishop Springs.
Groundwater pumping may impact
these sites in the future.
The Columbia spotted frog was
removed as a candidate for listing under
the Act in 1999. Since that time, an
interagency team continues to manage
the species in accordance with
Columbia Spotted Frog Conservation
Agreement and Strategy (SPCAS).
Despite this conservation agreement,
some habitat loss and localized impacts
to the spotted frog remain.
The proposed CCAA represents
another significant milestone in the
cooperative conservation efforts for
these species and is consistent with
section 2(a)(5) of the Act, which
encourages creative partnerships among
public, private, and government entities
to conserve imperiled species and their
habitats. The CCAA is also consistent
with continued implementation of the
LCAS and SPCAS and addresses known
impacts to both species at Bishop
Springs.
Conservation efforts in the proposed
CCAA will provide perennial and
legally protected instream flows to
Bishop Springs for supporting self
sustaining populations of least chub and
spotted frog. Under the proposed CCAA,
the UDWR would use a water right,
conveyed by the Applicant, to maintain
instream flow at Bishop Springs to
protect and maintain approximately
1,020 acres of habitat for the least chub
and Columbia spotted frog. The
Applicant previously used this water
right to irrigate agricultural lands. The
Applicant will agree to: (1) Reduce
water diversion from Bishop Springs
through the use of a more efficient
irrigation system improved by UDWR;
(2) reduce acreage irrigated; and (3) not
appropriate additional water from
Bishop Springs. Certain restrictions on
the volume and flow of the Applicant’s
reserved water right would allow
beneficial use of water for irrigation of
agricultural lands, while ensuring
suitable habitat conditions for both
species.
Under certain conditions, such as
prolonged drought, a small number of
individuals of these species could die if
they are unable to retreat to areas with
adequate water. Therefore, the Service
proposes to issue the permit under this
CCAA to provide the Applicant with
regulatory certainty regarding take
prohibitions of section 9 of the Act
should the species become listed in the
future. The proposed duration for the
CCAA and permit is 99 years.
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
When determining whether to issue
the permit, we will consider a number
of factors and information sources,
including the project’s administrative
record, any public comments we
receive, and the application
requirements and issuance criteria for
CCAAs contained in 50 CFR part
17.22(d) and part 17.32(d). We will also
evaluate whether the issuance of the
permit complies with section 7 of the
Act by conducting an intra-Service
consultation. The results of this
consultation, in combination with the
above findings, regulations, and public
comments, will determine whether or
not we issue the permit.
The proposed CCAA also provides the
Applicant with regulatory assurances,
that in the event of unforeseen
circumstances, we would not require
additional conservation measures or the
commitment of additional land, water,
or resource use restrictions beyond the
level obligated in this Agreement,
without the consent of the Applicant
and UDWR.
We have made the preliminary
determination that the Applicant’s
conservation measures meet the intent
of the CCAA policy, based on the
proposed protection of established
populations and habitat for these
species within their historic range.
Habitat conditions within Bishop
Springs have been evaluated by the
Applicant, UDWR, and the Service, and
are suitable for sustaining and
enhancing populations of least chub and
Columbia spotted frog.
We have also made a preliminary
determination that the proposed
Agreement and permit issuance are
eligible for categorical exclusion under
NEPA. The basis for this determination
is in the Environmental Action
Statement, which is available for public
review (see ADDRESSES).
If you wish to comment on the
Agreement and associated documents,
you may submit your comments to the
Service (see ADDRESSES). 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.
We will evaluate this permit
application, associated documents, and
comments submitted thereon to
determine whether the permit
application meets the requirements of
E:\FR\FM\25FEN1.SGM
25FEN1
Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices
section 10(a) of the Act and NEPA
regulations at 40 CFR 1506.6. If we
determine that the requirements are
met, we will sign the proposed
Agreement and issue a permit under
section 10(a)(1)(A) of the Act to the
Applicants for take of the covered
species in accordance with the terms of
the Agreement. We will not make our
final decision until after the end of the
30-day comment period, and we will
fully consider all comments we receive
during the comment period.
We provide this notice under section
10(c) of the Act and implementing
regulations for NEPA (40 CFR 1506.6).
Dated: February 18, 2010.
Larry Crist,
Field Supervisor, Utah Ecological Services
Office.
[FR Doc. 2010–3853 Filed 2–24–10; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2010–N024; 1112–0000–
81440–F2]
Endangered and Threatened Wildlife
and Plants; Permit, San Luis Obispo
County, CA
jlentini on DSKJ8SOYB1PROD with NOTICES
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service, us), have
received from the California Department
of Parks and Recreation (applicant) an
application for an incidental take permit
under the Endangered Species Act of
1973, as amended (Act). We are
considering issuing a permit that would
authorize the applicant’s take of the
Federally endangered Morro
shoulderband snail (Helminthoglypta
walkeriana) incidental to otherwise
lawful activities that would result in the
permanent loss of 0.2 acre of Morro
shoulderband snail habitat within
Morro Bay State Park, San Luis Obispo
County, California. We invite comments
from the public on the application,
which includes a Habitat Conservation
Plan (HCP) fully describing the
proposed project and measures the
applicant would undertake to minimize
and mitigate anticipated take of the
species. We also invite comments on
our preliminary determination that the
HCP qualifies as a ‘‘low-effect’’ plan,
eligible for a categorical exclusion under
the National Environmental Policy Act
(NEPA) of 1969, as amended. We
explain the basis for this determination
in our draft Environmental Action
VerDate Nov<24>2008
16:34 Feb 24, 2010
Jkt 220001
Statement and associated Low Effect
Screening Form, both of which are also
available for review.
DATES: To ensure consideration, please
send your written comments by March
29, 2010.
ADDRESSES: You may download a copy
of the permit application, plan, and
related documents on the Internet at
https://www.fws.gov/ventura, or you may
request documents by U.S. mail, e-mail,
or phone (see below). Please address
written comments to Diane K. Noda,
Field Supervisor, Ventura Fish and
Wildlife Office, U.S. Fish and Wildlife
Service, 2493 Portola Road, Suite B,
Ventura, CA 93003. You may
alternatively send comments by
facsimile to (805) 644–3958.
FOR FURTHER INFORMATION CONTACT: Jen
Lechuga, HCP Coordinator, at Ventura
address above, or (805) 644–1766,
extension 224 (telephone).
SUPPLEMENTARY INFORMATION:
Background
The Morro shoulderband snail was
listed as endangered on December 15,
1994 (59 FR 64613). Section 9 of the Act
(16 U.S.C. 1531 et seq.) and our
implementing Federal regulations in the
Code of Federal Regulations (CFR) at 50
CFR 17 prohibit the ‘‘take’’ of fish or
wildlife species listed as endangered or
threatened. Take of listed fish or
wildlife is defined under the Act as ‘‘to
harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or
to attempt to engage in any such
conduct’’ (16 U.S.C. 1532). However,
under limited circumstances, we issue
permits to authorize incidental take (i.e.,
take that is incidental to, and not the
purpose of, the carrying out of an
otherwise lawful activity). Regulations
governing incidental take permits for
threatened and endangered species are
at 50 CFR 17.32 and 17.22, respectively.
The Act’s take prohibitions do not apply
to Federally listed plants on private
lands unless such take would violate
State law. In addition to meeting other
criteria, an incidental take permit’s
proposed actions must not jeopardize
the existence of Federally listed fish,
wildlife, or plants.
The applicant proposes the
construction and use of a boardwalk,
overlook area, and trail project within a
10-acre site at the Morro Bay State Park
marina peninsula, San Luis Obispo
County, California, that will meet
Americans with Disabilities Act (ADA)
accessibility guidelines. The 10-acre site
contains a mixture of native and
introduced plant species. Coastal dune
scrub, the only native upland
community, occupies the majority of the
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
8735
10-acre permit area. Disturbed upland
habitat is also present and includes
illegal trails and areas dominated by
nonnative plant species.
The proposed project would result in
impacts to a total of 0.41 acre of habitat
for the Morro shoulderband snail.
Permanent impacts resulting from the
construction of the trails, boardwalk,
and viewing platforms would be 0.18
acre and 0.03 acre, respectively.
Additionally, there would be temporary
impacts to 0.2 acre. Both the permanent
and temporary impacts are expected to
result in take of Morro shoulderband
snail.
The applicant proposes to implement
measures to minimize and mitigate for
the take of Morro shoulderband snails
within the permit area. Minimization
measures include: (1) Restriction of
activities to the dry season (April 15–
November 15); (2) implementation of
training sessions for all construction
and park personnel involved in
construction of the project; (3)
performance of preconstruction surveys
prior to each day of activity involving
ground disturbance or vegetation
disturbance to construct the boardwalk
and peninsula spur trail; (4) relocation
of any living Morro shoulderband snails
that are found during preconstruction
surveys or during construction into
adjacent suitable habitat; (5) installation
of fencing to delineate work and nonwork areas; and (6) use of hand tools to
the maximum extent possible.
Mitigation for unavoidable take of
Morro shoulderband snails would
consist of the establishment and
management of a permanent
conservation area over approximately
9.6 acres adjacent to the ADA trail and
boardwalk system, closure and
restoration to native habitat of all
volunteer trails and redundant trails in
the project area, and nonnative plant
species removal. The HCP also
considers effects from covered activities
on, as well as conservation measures
for, the California seablite (Suaeda
californica), a threatened plant species
occurring in the estuarine habitat
adjacent to the project area.
In the proposed plan, the applicant
considers three alternatives to the taking
of listed species in the proposed project.
The No Action Alternative would
maintain current conditions, the project
would not be implemented, and an
incidental take permit application
would not be submitted to the Service.
The second alternative would involve a
redesign of the Marina Peninsula Trail
Project. Although a reduction in the
development area would be possible on
the property, it is anticipated that such
a reduction would result in a trail
E:\FR\FM\25FEN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Notices]
[Pages 8733-8735]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3853]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R6-ES-2009-N277; 65411-1112-0000-A2]
Least Chub and Columbia Spotted Frog Candidate Conservation
Agreement With Assurances; Receipt of Application for Enhancement of
Survival Permit; Bishop Springs, UT
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; receipt of application.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service (Service), have received an
application from Herman Young and Sons, Inc. (Applicant), for an
enhancement of survival permit (permit) under the Endangered Species
Act of 1973, as amended (Act). The permit application includes a
proposed Candidate Conservation Agreement with Assurances (CCAA) for
the least chub (Iotichthys phlegethontis) and Columbia spotted frog
(Rana lutreiventris) between the Applicant, the Utah Division of
Wildlife Resources (UDWR), and the Service. The CCAA would be
implemented at the Bishop Springs marsh complex (Bishop Springs) in
Juab County, Utah. We have made a preliminary determination that the
proposed CCAA and permit application are eligible for categorical
exclusion under the National Environmental Policy Act of 1969 (NEPA).
The basis for this preliminary determination is contained in an
Environmental Action Statement. We are accepting comments on the permit
application, the proposed CCAA, and the Environmental Action Statement.
DATES: We must receive comments no later than March 29, 2010.
ADDRESSES: Address all written comments to Larry Crist, by U.S. mail at
Utah Field Office, U.S. Fish and Wildlife Service, 2369 West Orton
Circle, Suite 50, West Valley City, UT 84119; by facsimile to 801-975-
3331; or by e-mail to larry_crist@fws.gov.
FOR FURTHER INFORMATION CONTACT: Larry Crist, Utah Field Office
Supervisor, 801-975-3330. If you use a
[[Page 8734]]
telecommunications device for the deaf, you may call the Federal
Information Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: Under a Candidate Conservation Agreement
with Assurances, participating landowners voluntarily undertake
management activities on their property to enhance, restore, or
maintain habitat benefiting species that are proposed for listing under
the Act, or that are candidates for listing, or may become candidates.
Candidate Conservation Agreements with Assurances, and the subsequent
permits we issue under section 10(a)(1)(A) of the Act (16 U.S.C. 1531
et seq.), encourage private and other non-Federal property owners to
implement conservation efforts for species, by assuring property owners
that they will not be subjected to increased land use restrictions as a
result of efforts to attract or increase the numbers or distribution of
a listed species on their property, if that species becomes listed
under the Act in the future. Application requirements and issuance
criteria for permits through the Candidate Conservation Agreement with
Assurances are found in the Code of Federal Regulations (CFR) at 50 CFR
17.22(d) and 17.32(d).
Historically, least chub and Columbia spotted frog inhabited a
variety of aquatic habitat types throughout the Bonneville Basin in
Utah. In the West Desert of Utah these species occur in many of the
same spring complexes, including Bishop Springs. Both species have
declined to the extent that they have been considered for listing under
the Endangered Species Act.
A decline in the distribution and abundance of the least chub was
first noted in the 1940s and 1950s. Habitat loss and degradation have
been identified as major causes for this decline. Surveys indicate that
where nonnative fishes have been introduced, few if any least chub
remain.
In 1998, the Service, Utah Department of Natural Resources, Bureau
of Land Management (BLM), Bureau of Reclamation, Utah Reclamation
Mitigation and Conservation Commission, Confederated Tribes of the
Goshute Reservation, and Central Utah Water Conservancy District signed
a Least Chub Conservation Agreement and Strategy (LCCAS). The LCCAS is
a voluntary agreement to ensure the long-term survival of the least
chub within its historic range and assist in the development of
rangewide conservation efforts. Significant conservation measures were
accomplished for the species and several new populations were located
outside the West Desert ecosystem. The only remaining naturally
occurring and relatively secure populations of least chub are present
in five spring complexes in Snake Valley, Utah, one of which is Bishop
Springs. Groundwater pumping may impact these sites in the future.
The Columbia spotted frog was removed as a candidate for listing
under the Act in 1999. Since that time, an interagency team continues
to manage the species in accordance with Columbia Spotted Frog
Conservation Agreement and Strategy (SPCAS). Despite this conservation
agreement, some habitat loss and localized impacts to the spotted frog
remain.
The proposed CCAA represents another significant milestone in the
cooperative conservation efforts for these species and is consistent
with section 2(a)(5) of the Act, which encourages creative partnerships
among public, private, and government entities to conserve imperiled
species and their habitats. The CCAA is also consistent with continued
implementation of the LCAS and SPCAS and addresses known impacts to
both species at Bishop Springs.
Conservation efforts in the proposed CCAA will provide perennial
and legally protected instream flows to Bishop Springs for supporting
self sustaining populations of least chub and spotted frog. Under the
proposed CCAA, the UDWR would use a water right, conveyed by the
Applicant, to maintain instream flow at Bishop Springs to protect and
maintain approximately 1,020 acres of habitat for the least chub and
Columbia spotted frog. The Applicant previously used this water right
to irrigate agricultural lands. The Applicant will agree to: (1) Reduce
water diversion from Bishop Springs through the use of a more efficient
irrigation system improved by UDWR; (2) reduce acreage irrigated; and
(3) not appropriate additional water from Bishop Springs. Certain
restrictions on the volume and flow of the Applicant's reserved water
right would allow beneficial use of water for irrigation of
agricultural lands, while ensuring suitable habitat conditions for both
species.
Under certain conditions, such as prolonged drought, a small number
of individuals of these species could die if they are unable to retreat
to areas with adequate water. Therefore, the Service proposes to issue
the permit under this CCAA to provide the Applicant with regulatory
certainty regarding take prohibitions of section 9 of the Act should
the species become listed in the future. The proposed duration for the
CCAA and permit is 99 years.
When determining whether to issue the permit, we will consider a
number of factors and information sources, including the project's
administrative record, any public comments we receive, and the
application requirements and issuance criteria for CCAAs contained in
50 CFR part 17.22(d) and part 17.32(d). We will also evaluate whether
the issuance of the permit complies with section 7 of the Act by
conducting an intra-Service consultation. The results of this
consultation, in combination with the above findings, regulations, and
public comments, will determine whether or not we issue the permit.
The proposed CCAA also provides the Applicant with regulatory
assurances, that in the event of unforeseen circumstances, we would not
require additional conservation measures or the commitment of
additional land, water, or resource use restrictions beyond the level
obligated in this Agreement, without the consent of the Applicant and
UDWR.
We have made the preliminary determination that the Applicant's
conservation measures meet the intent of the CCAA policy, based on the
proposed protection of established populations and habitat for these
species within their historic range. Habitat conditions within Bishop
Springs have been evaluated by the Applicant, UDWR, and the Service,
and are suitable for sustaining and enhancing populations of least chub
and Columbia spotted frog.
We have also made a preliminary determination that the proposed
Agreement and permit issuance are eligible for categorical exclusion
under NEPA. The basis for this determination is in the Environmental
Action Statement, which is available for public review (see ADDRESSES).
If you wish to comment on the Agreement and associated documents,
you may submit your comments to the Service (see ADDRESSES). 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.
We will evaluate this permit application, associated documents, and
comments submitted thereon to determine whether the permit application
meets the requirements of
[[Page 8735]]
section 10(a) of the Act and NEPA regulations at 40 CFR 1506.6. If we
determine that the requirements are met, we will sign the proposed
Agreement and issue a permit under section 10(a)(1)(A) of the Act to
the Applicants for take of the covered species in accordance with the
terms of the Agreement. We will not make our final decision until after
the end of the 30-day comment period, and we will fully consider all
comments we receive during the comment period.
We provide this notice under section 10(c) of the Act and
implementing regulations for NEPA (40 CFR 1506.6).
Dated: February 18, 2010.
Larry Crist,
Field Supervisor, Utah Ecological Services Office.
[FR Doc. 2010-3853 Filed 2-24-10; 8:45 am]
BILLING CODE 4310-55-P
