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]

Download as PDF 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: emcdonald on DSK67QTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:00 Jun 30, 2014 Jkt 232001 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.). PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 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: E:\FR\FM\01JYN1.SGM 01JYN1 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 emcdonald on DSK67QTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 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. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 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 01JYN1 emcdonald on DSK67QTVN1PROD with NOTICES 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 VerDate Mar<15>2010 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 01JYN1

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