Endangered and Threatened Wildlife and Plants; Permits; Safe Harbor Agreement and Candidate Conservation Agreement With Assurances for the Colorado Pikeminnow, Razorback Sucker, Roundtail Chub, Flannelmouth Sucker, and Bluehead Sucker in the Middle Duchesne River Watershed, Utah, 37340-37342 [2014-15428]
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<![CDATA[
37340
Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Notices
Dated: June 25, 2014.
J. G. Lantz,
Director of Commercial Regulations and
Standards, U.S. Coast Guard.
Background
[FR Doc. 2014–15457 Filed 6–30–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R2–ES–2014–N130;
FXES11130200000C2–112–FF02ENEH00]
Endangered and Threatened Wildlife
and Plants; Texas Ayenia Draft
Recovery Plan; Correction
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comment; correction.
AGENCY:
On June 25, 2014, we, the
U.S. Fish and Wildlife Service,
announced the availability of our draft
recovery plan for the Texas ayenia,
which is listed as endangered under the
Endangered Species Act of 1973, as
amended (Act). However, we printed
the incorrect Internet address for
reviewers to use to download the draft
recovery plan. This notice provides the
correct Internet address.
DATES: To ensure consideration, we
must receive any written comments on
or before August 25, 2014. However, we
will accept information about any
species at any time.
ADDRESSES: If you wish to review the
draft recovery plan, you may obtain a
copy by any one of the following
methods:
Internet: Access the file at
www.fws.gov/southwest/es/Documents/
R2ES/TexasAyenia_DraftRecoveryPlan_
Final_June2014.pdf;
U.S. mail: U.S. Fish and Wildlife
Service, 6300 Ocean Drive, USFWS Unit
5837, Corpus Christi, TX 78412–5837;
or
Telephone: (361) 994–9005.
If you wish to comment on the draft
recovery plan, you may submit your
comments in writing by any one of the
following methods:
• U.S. mail: Field Supervisor, at the
above address;
• Hand-delivery: Texas Coastal
Ecological Services Office, at the above
address;
• Fax: (361) 994–8262; or
• Email: chris_best@fws.gov.
FOR FURTHER INFORMATION CONTACT:
Chris Best, State Botanist, at the above
address and phone number, or by email
at chris_best@fws.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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On June 25, 2014, we, the U.S. Fish
and Wildlife Service, published a
Federal Register notice to announce the
availability of our draft recovery plan
for the Texas ayenia, a plant that is
listed as endangered under the Act (16
U.S.C. 1531 et seq.) (79 FR 36087). We
opened a comment period, which will
last through August 25, 2014. However,
we printed the incorrect Internet
address for reviewers to use to
download the draft recovery plan. This
notice provides the correct Internet
address, which can be found in the
ADDRESSES section of this notice.
We request review and comment on
this plan from local, State, and Federal
agencies; Tribes; and the public. We
will also accept any new information on
the status of the Texas ayenia
throughout its range to assist in
finalizing the recovery plan.
Background
The Texas ayenia (also referred to as
the Tamaulipan kidneypetal) is
currently found in southern Texas and
northern Mexico. The draft recovery
plan includes specific recovery
objectives and criteria to be met in order
to enable us to remove this species from
the list of endangered and threatened
wildlife and plants. For more
information, and areas to focus on when
providing public comments, see our
earlier notice (79 FR 36087).
Public Availability of Comments
Before including your address, phone
number, email 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, by
appointment, for public inspection
during normal business hours at our
office (see ADDRESSES).
Authority
We developed our draft recovery plan
under the authority of section 4(f) of the
Act, 16 U.S.C. 1533(f). We publish this
notice under section 4(f) Endangered
Species Act of 1973, as amended (16
U.S.C. 1531 et seq.).
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Dated: June 25, 2014.
Joy E. Nicholopoulos,
Acting Regional Director, Southwest Region,
Albuquerque, New Mexico.
[FR Doc. 2014–15383 Filed 6–30–14; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R6–ES–2013–N157; FWS–R6–ES–
FF06E23000]
Endangered and Threatened Wildlife
and Plants; Permits; Safe Harbor
Agreement and Candidate
Conservation Agreement With
Assurances for the Colorado
Pikeminnow, Razorback Sucker,
Roundtail Chub, Flannelmouth Sucker,
and Bluehead Sucker in the Middle
Duchesne River Watershed, Utah
Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of applications
for permit.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), have received
an application from the Associated
Water Users of the Duchesne and
Strawberry Rivers (DSWUA) for an
enhancement of survival permit (permit)
pursuant to the Endangered Species Act
of 1973, as amended (Act). The permit
application includes a proposed Safe
Harbor Agreement (SHA) for the
Colorado pikeminnow and razorback
sucker, and a proposed Candidate
Conservation Agreement with
Assurances (CCAA) for the roundtail
chub, flannelmouth sucker, and
bluehead sucker in the middle
Duchesne River watershed, Utah.
DATES: We must receive comments no
later than July 31, 2014.
ADDRESSES: Address all written
comments to ‘‘Myton CCAA/SHA
Comments,’’ by mail to Utah Field
Office, U.S. Fish and Wildlife Service,
2369 West Orton Circle, Suite 50, West
Valley City, UT 84119, or by facsimile
to 801–975–3331, or by email to Myton_
CCAA_SHA_comments@fws.gov.
Documents can be viewed online at
www.fws.gov/utahfieldoffice/myton_
ccaa_sha.html.
FOR FURTHER INFORMATION CONTACT:
Larry Crist, Utah Field Office
Supervisor, at 801–975–3330. If you use
a telecommunications device for the
deaf, you may call the Federal
Information Relay Service at 800–877–
8339. Documents can be viewed online
at www.fws.gov/utahfieldoffice/myton_
ccaa_sha.html.
SUMMARY:
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Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Notices
We, the
U.S. Fish and Wildlife Service (Service),
have received an application from the
DSWUA for a permit pursuant to section
10(a)(1)(A) of the Act (16 U.S.C. 1531 et
seq.) The permit application includes a
proposed SHA for the Colorado
pikeminnow (Ptychocheilus lucius) and
razorback sucker (Xyrauchen texanus),
and a proposed Candidate Conservation
Agreement with Assurances (CCAA) for
roundtail chub (Gila robusta),
flannelmouth sucker (Catostomus
latipinnis), and bluehead sucker
(Catostomus discobolus) in the middle
Duchesne River watershed, Utah.
The purposes of the SHA and the
CCAA are for the Service to join with
the DSWUA, the Utah Division of
Wildlife Resources (UDWR), the Ute
Tribe, and participating non-Federal
water users (Participating Water Users)
to provide instream flows for five listed
and sensitive fish species, and to
construct a fish passage structure at the
Myton Diversion on the Duchesne River
in a manner that is consistent with the
Service’s Policy on Candidate
Conservation Agreements with
Assurances (64 FR 32726), the Service’s
Policy on Safe Harbor Agreements (64
FR 32717), and other applicable
regulations. This SHA/CCAA has two
conservation goals. The first is to allow
water managed by the Department of the
Interior to provide instream flows for
the covered species by bypassing local
water users’ canals. The second is to
construct and operate a fish passage
structure at the Myton Diversion,
allowing native fish species to access
approximately 38.5 miles of nowinaccessible habitat. These two goals
will increase the quantity and quality of
habitat for the five listed and sensitive
fish species within their historic range.
The SHA/CCAA project area is the
wetted areas of the Duchesne River
between Myton and Knight Diversions,
the wetted areas of the Strawberry River
between the confluence with the
Duchesne River and Starvation Dam, all
wetted tributaries to these two rivers
with confluences above Myton
Diversion and below Starvation Dam or
Knight Diversion, and the entirety of the
canal systems that have intake facilities
between the Myton diversion,
Starvation Dam, and the Knight
Diversion.
We have made a preliminary
determination that the proposed SHA/
CCAA and permit application are
eligible for categorical exclusion under
the National Environmental Policy Act
of 1969 (NEPA). The basis for our
preliminary determination is contained
in an Environmental Action Statement.
We are accepting comments on the
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SUPPLEMENTARY INFORMATION:
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19:00 Jun 30, 2014
Jkt 232001
permit application, the proposed SHA
and CCAA, and the Environmental
Action Statement.
The CCAA portion of this agreement
will cover three non-listed species of
special concern in the State of Utah: The
flannelmouth sucker, the roundtail
chub, and the bluehead sucker. Under a
Candidate Conservation Agreement with
Assurances (CCAA), participating
landowners voluntarily undertake
management activities on their
properties to enhance, restore, or
maintain habitat benefiting species that
are proposed for listing or candidates for
listing under the Endangered Species
Act of 1973, as amended (the Act), or
those species that may become
candidates. Candidate Conservation
Agreements with Assurances, and the
subsequent permits that are issued
pursuant to 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. Candidate Conservation
Agreement with Assurances permit
application requirements and issuance
criteria are found in 50 CFR 17.22(d)
and 17.32(d).
This proposed CCAA represents a
significant milestone in the cooperative
conservation efforts for native species in
the Duchesne River 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. As identified in our CCAA
Final Policy (64 FR 32726), and
regulations at 50 CFR 17.22, to enter
into a CCAA and issue a permit and
assurances, we must determine that the
conservation measures and expected
benefits, when combined with those
benefits that would be achieved if it is
assumed that similar conservation
measures were also implemented on
other necessary properties, would
preclude or remove the need to list
flannelmouth sucker, bluehead sucker,
and roundtail chub. Consistent with the
CCAA policy, meeting the CCAA
standard does not depend on the
number of acres enrolled, and adoption
of the CCAA and enrollment of property
owners does not guarantee that listing
will be unnecessary. Through a separate
finding, we have determined that this
CCAA meets the standard specified in
the CCAA policy and regulations.
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37341
The SHA portion of the agreement
will cover two federally listed species:
The Colorado pikeminnow and the
razorback sucker. As described in our
Safe Harbor Agreement Final Policy, we
must determine that the effect of the
proposed voluntary conservation
measure for a species covered by a SHA
would produce a net conservation
benefit to the species. Net conservation
benefits must contribute to the recovery
of the covered species. This
contribution towards recovery may vary
and may not be permanent. The benefits
to the species depend on the nature of
the conservation measures, the activities
to be undertaken, where they are
undertaken, and their duration. We
conclude that this SHA meets the SHA
standard, because the conservation
actions improve habitat conditions,
support a larger forage base, and provide
connectivity to new habitat.
Specifically, the proposed SHA would
contribute to the recovery of the
Colorado pikeminnow and razorback
sucker by contributing to Management
Action A–1 (Provide flows necessary for
all life stages of Colorado pikeminnow
and razorback sucker to support
recovered populations) and
Management Action A–2 (Provide
passage for Colorado pikeminnow and
razorback sucker within occupied
habitat to allow adequate movement
and, potentially, range expansion) as
described in the ‘‘Colorado Pikeminnow
Recovery Goals’’ and ‘‘Razorback Sucker
Recovery Goals.’’
This SHA/CCAA will provide
protection and incentives to enrolled
Participating Water Users to allow DOI
water to bypass their canals in support
of fish habitat and to support federally
protected species colonizing new
habitat in the vicinity of their irrigation
canals. Given the legal mechanisms
concerning water development in the
State of Utah, conservation flows would
not be possible in the Duchesne River
basin without the cooperation of local
water users. The local water users, in
order to facilitate recovery and avoid
further restrictions on water
development, have agreed to assist in
bypassing water downstream for use as
fish habitat. This SHA/CCAA formalizes
a process where local water users allow
fish conservation water to bypass their
canal intakes, thus providing higher
flows for fish species.
Secondly, a fish passage structure at
the Myton Diversion will allow native
fish downstream of the Diversion (both
listed and nonlisted) to access a higher
proportion of their native habitat for
breeding, feeding, and sheltering.
Specifically, it will allow native fish
downstream of the diversion to enter
E:\FR\FM\01JYN1.SGM
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37342
Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Notices
into the approximately 38.5 miles of
newly accessible habitat. These
individuals can then reproduce with
individuals found upstream (facilitating
genetic mixing), forage in habitats that
are currently unavailable to them, and
extend their home range to a larger area
(providing additional habitat in times of
stress, satisfying migratory needs, and
offering rearing and refuge habitat that
is largely unaffected by certain
problematic nonnative species).
When determining whether to issue
the permit, we will consider a number
of factors and information sources,
including biological information, any
public comments received, and the
application requirements and issuance
criteria for CCAAs and SHAs contained
in 50 CFR part 17.22(d) and part
17.32(d). We will also evaluate whether
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 SHA/CCAA also provides
Participating Water Users 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 the proposed SHA/CCAA, without
the consent of the Participating Water
User and the DSWUA.
We have made a preliminary
determination that the proposed SHA/
CCAA and permit issuance are eligible
for categorical exclusion under NEPA.
The basis for this determination is the
Environmental Action Statement, which
is available for public review (see
ADDRESSES).
If you wish to comment on the
proposed SHA/CCAA and associated
documents, you may submit your
comments to the Service (see
ADDRESSES). Before including your
address, phone number, email 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
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19:00 Jun 30, 2014
Jkt 232001
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 both the proposed
SHA and the CCAA 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 SHA and the CCAA. We 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.
Authority
The Service provides this notice
under section 10(c) of the Act and
implementing regulations for NEPA (40
CFR 1506.6; 43 CFR 46).
Dated: June 23, 2014.
Larry Crist,
Field Supervisor, Utah Ecological Services
Field Office, Salt Lake City, Utah.
[FR Doc. 2014–15428 Filed 6–30–14; 8:45 am]
BILLING CODE 4310–55–P
DEPARMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R5–ES–2014–N117;
FXES11150500000]
Application for Enhancement of
Survival Permit and Proposed
Candidate Conservation Agreement
With Assurances for the New England
Cottontail; Maine Department of Inland
Fisheries and Wildlife
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability and
receipt of application; request for
comments.
AGENCY:
The Maine Department of
Inland Fisheries and Wildlife (MDIFW)
has applied to the U.S. Fish and
Wildlife Service (Service) for an
Enhancement of Survival Permit under
the Endangered Species Act of 1973
(ESA), as amended. The requested
permit would authorize take of the New
England cottontail (NEC) resulting from
certain habitat improvement and land
use activities, should the species be
listed as endangered or threatened in
the future. The permit application
includes a proposed Candidate
Conservation Agreement with
Assurances (CCAA) between the
MDIFW and the Service. In accordance
with the requirements of the National
Environmental Policy Act of 1969
(NEPA), we have prepared a draft
categorical exclusion of the impacts of
the requested permit. We are accepting
comments on the permit application,
SUMMARY:
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
proposed CCAA, and draft NEPA
document.
DATES: Written comments on the permit
application, draft CCAA, and draft
NEPA document must be received on or
before July 31, 2014.
ADDRESSES: Address any written
comments concerning this notice to
Anthony Tur, New England Field
Office, U.S. Fish and Wildlife Service,
70 Commercial Street, Suite 300,
Concord, NH 03301; alternatively, fax
written comments to 603–224–0104, or
email comments to Anthony_Tur@
fws.gov.
FOR FURTHER INFORMATION CONTACT:
Anthony Tur, at the New England Field
Office (see ADDRESSES above); 603–223–
2541 (phone), 603–223–0104 (fax), or
Anthony_Tur@fws.gov (email). If you
use a telecommunications device for the
deaf (TDD), you may call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION: We
furnish this notice to provide the public,
other State and Federal agencies, and
interested Tribes an opportunity to
review and comment on the permit
application, proposed CCAA, and draft
NEPA document. We specifically
request information, views, and
opinions from the public on the
proposed Federal action of issuing a
permit. Further, we solicit information
regarding the adequacy of the permit
application, including the proposed
CCAA, as measured against our permit
issuance criteria found in the Code of
Federal Regulations (CFR) at 50 CFR
17.22(d) and 17.32(d).
Document Availability
Copies of the permit application,
proposed CCAA, and draft NEPA
document are available for public
inspection, by appointment, at the New
England Field Office (see ADDRESSES), or
you may view them on the Internet at
https://www.fws.gov/newengland/.
Copies of these documents can also be
obtained by contacting the office and
personnel listed in the ADDRESSES
section.
Public Availability of Comments
Before including your address,
telephone number, email address, or
other personal identifying information
in your comment, be advised 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 from public review your
personal identifying information, we
cannot guarantee that we will be able to
do so.
E:\FR\FM\01JYN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 126 (Tuesday, July 1, 2014)]
[Notices]
[Pages 37340-37342]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15428]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R6-ES-2013-N157; FWS-R6-ES-FF06E23000]
Endangered and Threatened Wildlife and Plants; Permits; Safe
Harbor Agreement and Candidate Conservation Agreement With Assurances
for the Colorado Pikeminnow, Razorback Sucker, Roundtail Chub,
Flannelmouth Sucker, and Bluehead Sucker in the Middle Duchesne River
Watershed, Utah
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of receipt of applications for permit.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from the Associated Water Users of the Duchesne
and Strawberry Rivers (DSWUA) for an enhancement of survival permit
(permit) pursuant to the Endangered Species Act of 1973, as amended
(Act). The permit application includes a proposed Safe Harbor Agreement
(SHA) for the Colorado pikeminnow and razorback sucker, and a proposed
Candidate Conservation Agreement with Assurances (CCAA) for the
roundtail chub, flannelmouth sucker, and bluehead sucker in the middle
Duchesne River watershed, Utah.
DATES: We must receive comments no later than July 31, 2014.
ADDRESSES: Address all written comments to ``Myton CCAA/SHA Comments,''
by mail to Utah Field Office, U.S. Fish and Wildlife Service, 2369 West
Orton Circle, Suite 50, West Valley City, UT 84119, or by facsimile to
801-975-3331, or by email to Myton_CCAA_SHA_comments@fws.gov.
Documents can be viewed online at www.fws.gov/utahfieldoffice/myton_ccaa_sha.html.
FOR FURTHER INFORMATION CONTACT: Larry Crist, Utah Field Office
Supervisor, at 801-975-3330. If you use a telecommunications device for
the deaf, you may call the Federal Information Relay Service at 800-
877-8339. Documents can be viewed online at www.fws.gov/utahfieldoffice/myton_ccaa_sha.html.
[[Page 37341]]
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from the DSWUA for a permit
pursuant to section 10(a)(1)(A) of the Act (16 U.S.C. 1531 et seq.) The
permit application includes a proposed SHA for the Colorado pikeminnow
(Ptychocheilus lucius) and razorback sucker (Xyrauchen texanus), and a
proposed Candidate Conservation Agreement with Assurances (CCAA) for
roundtail chub (Gila robusta), flannelmouth sucker (Catostomus
latipinnis), and bluehead sucker (Catostomus discobolus) in the middle
Duchesne River watershed, Utah.
The purposes of the SHA and the CCAA are for the Service to join
with the DSWUA, the Utah Division of Wildlife Resources (UDWR), the Ute
Tribe, and participating non-Federal water users (Participating Water
Users) to provide instream flows for five listed and sensitive fish
species, and to construct a fish passage structure at the Myton
Diversion on the Duchesne River in a manner that is consistent with the
Service's Policy on Candidate Conservation Agreements with Assurances
(64 FR 32726), the Service's Policy on Safe Harbor Agreements (64 FR
32717), and other applicable regulations. This SHA/CCAA has two
conservation goals. The first is to allow water managed by the
Department of the Interior to provide instream flows for the covered
species by bypassing local water users' canals. The second is to
construct and operate a fish passage structure at the Myton Diversion,
allowing native fish species to access approximately 38.5 miles of now-
inaccessible habitat. These two goals will increase the quantity and
quality of habitat for the five listed and sensitive fish species
within their historic range.
The SHA/CCAA project area is the wetted areas of the Duchesne River
between Myton and Knight Diversions, the wetted areas of the Strawberry
River between the confluence with the Duchesne River and Starvation
Dam, all wetted tributaries to these two rivers with confluences above
Myton Diversion and below Starvation Dam or Knight Diversion, and the
entirety of the canal systems that have intake facilities between the
Myton diversion, Starvation Dam, and the Knight Diversion.
We have made a preliminary determination that the proposed SHA/CCAA
and permit application are eligible for categorical exclusion under the
National Environmental Policy Act of 1969 (NEPA). The basis for our
preliminary determination is contained in an Environmental Action
Statement. We are accepting comments on the permit application, the
proposed SHA and CCAA, and the Environmental Action Statement.
The CCAA portion of this agreement will cover three non-listed
species of special concern in the State of Utah: The flannelmouth
sucker, the roundtail chub, and the bluehead sucker. Under a Candidate
Conservation Agreement with Assurances (CCAA), participating landowners
voluntarily undertake management activities on their properties to
enhance, restore, or maintain habitat benefiting species that are
proposed for listing or candidates for listing under the Endangered
Species Act of 1973, as amended (the Act), or those species that may
become candidates. Candidate Conservation Agreements with Assurances,
and the subsequent permits that are issued pursuant to 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.
Candidate Conservation Agreement with Assurances permit application
requirements and issuance criteria are found in 50 CFR 17.22(d) and
17.32(d).
This proposed CCAA represents a significant milestone in the
cooperative conservation efforts for native species in the Duchesne
River 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. As
identified in our CCAA Final Policy (64 FR 32726), and regulations at
50 CFR 17.22, to enter into a CCAA and issue a permit and assurances,
we must determine that the conservation measures and expected benefits,
when combined with those benefits that would be achieved if it is
assumed that similar conservation measures were also implemented on
other necessary properties, would preclude or remove the need to list
flannelmouth sucker, bluehead sucker, and roundtail chub. Consistent
with the CCAA policy, meeting the CCAA standard does not depend on the
number of acres enrolled, and adoption of the CCAA and enrollment of
property owners does not guarantee that listing will be unnecessary.
Through a separate finding, we have determined that this CCAA meets the
standard specified in the CCAA policy and regulations.
The SHA portion of the agreement will cover two federally listed
species: The Colorado pikeminnow and the razorback sucker. As described
in our Safe Harbor Agreement Final Policy, we must determine that the
effect of the proposed voluntary conservation measure for a species
covered by a SHA would produce a net conservation benefit to the
species. Net conservation benefits must contribute to the recovery of
the covered species. This contribution towards recovery may vary and
may not be permanent. The benefits to the species depend on the nature
of the conservation measures, the activities to be undertaken, where
they are undertaken, and their duration. We conclude that this SHA
meets the SHA standard, because the conservation actions improve
habitat conditions, support a larger forage base, and provide
connectivity to new habitat. Specifically, the proposed SHA would
contribute to the recovery of the Colorado pikeminnow and razorback
sucker by contributing to Management Action A-1 (Provide flows
necessary for all life stages of Colorado pikeminnow and razorback
sucker to support recovered populations) and Management Action A-2
(Provide passage for Colorado pikeminnow and razorback sucker within
occupied habitat to allow adequate movement and, potentially, range
expansion) as described in the ``Colorado Pikeminnow Recovery Goals''
and ``Razorback Sucker Recovery Goals.''
This SHA/CCAA will provide protection and incentives to enrolled
Participating Water Users to allow DOI water to bypass their canals in
support of fish habitat and to support federally protected species
colonizing new habitat in the vicinity of their irrigation canals.
Given the legal mechanisms concerning water development in the State of
Utah, conservation flows would not be possible in the Duchesne River
basin without the cooperation of local water users. The local water
users, in order to facilitate recovery and avoid further restrictions
on water development, have agreed to assist in bypassing water
downstream for use as fish habitat. This SHA/CCAA formalizes a process
where local water users allow fish conservation water to bypass their
canal intakes, thus providing higher flows for fish species.
Secondly, a fish passage structure at the Myton Diversion will
allow native fish downstream of the Diversion (both listed and
nonlisted) to access a higher proportion of their native habitat for
breeding, feeding, and sheltering. Specifically, it will allow native
fish downstream of the diversion to enter
[[Page 37342]]
into the approximately 38.5 miles of newly accessible habitat. These
individuals can then reproduce with individuals found upstream
(facilitating genetic mixing), forage in habitats that are currently
unavailable to them, and extend their home range to a larger area
(providing additional habitat in times of stress, satisfying migratory
needs, and offering rearing and refuge habitat that is largely
unaffected by certain problematic nonnative species).
When determining whether to issue the permit, we will consider a
number of factors and information sources, including biological
information, any public comments received, and the application
requirements and issuance criteria for CCAAs and SHAs contained in 50
CFR part 17.22(d) and part 17.32(d). We will also evaluate whether
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 SHA/
CCAA also provides Participating Water Users 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 the proposed SHA/CCAA, without the consent of the
Participating Water User and the DSWUA.
We have made a preliminary determination that the proposed SHA/CCAA
and permit issuance are eligible for categorical exclusion under NEPA.
The basis for this determination is the Environmental Action Statement,
which is available for public review (see ADDRESSES).
If you wish to comment on the proposed SHA/CCAA and associated
documents, you may submit your comments to the Service (see ADDRESSES).
Before including your address, phone number, email 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 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 both the proposed SHA and the CCAA 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 SHA and the CCAA.
We 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.
Authority
The Service provides this notice under section 10(c) of the Act and
implementing regulations for NEPA (40 CFR 1506.6; 43 CFR 46).
Dated: June 23, 2014.
Larry Crist,
Field Supervisor, Utah Ecological Services Field Office, Salt Lake
City, Utah.
[FR Doc. 2014-15428 Filed 6-30-14; 8:45 am]
BILLING CODE 4310-55-P
