Extension of Pacific Gas and Electric Safe Harbor Agreement for Interior Dune Species Located in Antioch Dunes in Contra Costa County, CA, 24960-24961 [2015-10299]

Download as PDF 24960 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices Dated: October 27, 2014. Mike Oetker, Acting Regional Director. DEPARTMENT OF THE INTERIOR metalmark butterfly (Apodemia mormo langei), Antioch Dunes evening primrose (Oenothera deltoides ssp. howellii), and Contra Costa wallflower (Erysimum capitatum var. angustatum) (collectively referred to as the Covered Species). No changes are proposed to the Agreement other than extending the Enhancement of Survival Permit and associated Agreement for an additional 5 years. Fish and Wildlife Service Availability of Documents Editorial Note: This document was received for publication by the Office of Federal Register on April 28, 2015. [FR Doc. 2015–10298 Filed 4–30–15; 8:45 am] BILLING CODE 4310–55–P [FWS–R8–ES–2015–N068; 81420–1113– 0000–F3] Extension of Pacific Gas and Electric Safe Harbor Agreement for Interior Dune Species Located in Antioch Dunes in Contra Costa County, CA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; receipt of application. This notice advises the public that Pacific Gas and Electric (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 5-year extension of their existing Enhancement of Survival permit under the Endangered Species Act of 1973, as amended (Act). The Safe Harbor Agreement (Agreement) is between the Applicant and the Service for the federally endangered Lange’s metalmark butterfly, Antioch Dunes evening primrose, and Contra Costa wallflower. No changes are proposed to the Agreement other than extending the Enhancement of Survival Permit and associated Agreement for an additional 5 years. DATES: To ensure consideration, please send your written comments by June 1, 2015. ADDRESSES: Send comments to Mr. Rick Kuyper, via U.S. mail at U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, W–2605, Sacramento, CA 95825, or via facsimile to (916) 414–6713. FOR FURTHER INFORMATION CONTACT: Mr. Rick Kuyper, Sacramento Fish and Wildlife Office (see ADDRESSES); telephone: (916) 414–6600. SUPPLEMENTARY INFORMATION: This notice advises the public that Pacific Gas and Electric (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 5-year extension of their existing Enhancement of Survival permit under the Endangered Species Act of 1973, as amended (Act). The Safe Harbor Agreement (Agreement) is between the Applicant and the Service for the federally endangered Lange’s mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:14 Apr 30, 2015 Jkt 235001 You may obtain a copy of the Agreement by contacting the individual named above. You may also make an appointment to view the document at the above address during normal business hours. Background Under a Safe Harbor Agreement, participating landowners voluntarily undertake management activities on their property to enhance, restore, or maintain habitat benefiting species listed under the Act (16 U.S.C. 1531 et seq.). Safe Harbor Agreements, and the subsequent enhancement of survival permits that are issued pursuant to section 10(a)(1)(A) of the Act, encourage private and other non-Federal property owners to implement conservation efforts for listed species by assuring property owners that they will not be subjected to increased property use restrictions as a result of their efforts to attract listed species to their property, or to increase the numbers or distribution of listed species already on their property. Application requirements and issuance criteria for enhancement of survival permits through Safe Harbor Agreements are found in 50 CFR 17.22(c) and 17.32(c). These permits allow any necessary future incidental take of covered species above the mutually agreed-upon baseline conditions for those species in accordance with the terms and conditions of the permits and accompanying agreements. Existing Agreement Description The Agreement covers two 6-acre parcels (Enrolled Property) that are located along the south shore of the San Joaquin River in Contra Costa County, California. The two parcels are located adjacent to, and on either side of, the 14-acre Sardis Unit of the Antioch Dunes National Wildlife Refuge (Refuge). Two transmission towers are located on the Enrolled Property—one 115 kV tower on the west parcel and one 230 kV tower on the east parcel. The Applicant relies on graveled and PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 dirt access roads to reach all of its facilities on the Enrolled Property. Each tower has an established work area that is utilized for maintenance and operation activities. Purpose The purpose of this Agreement is for the Service and the Applicant to collaborate and implement conservation measures for the Covered Species. The Applicant has restored and maintained suitable habitat within the Enrolled Property within the Antioch Dunes system, as specified in the Agreement. Restoration actions have primarily involved controlling invasive plant species. The Applicant has allowed the Service to conduct native plant restoration activities as specified in the Agreement. The restoration activities have resulted in an increase in host plants for the Lange’s metalmark butterfly throughout the Enrolled Property, thus resulting in a net conservation benefit for this species. Additionally, the restoration activities have decreased threats to the Contra Costa wallflower and the Antioch Dunes evening primrose by reducing the amount of invasive, nonnative plants that outcompete the federally endangered plants. The Agreement also contains a monitoring component that provides information on the success of weed eradication and assists the Refuge in early detection of new invasive plant species. Results of these monitoring efforts are provided to the Service by the Applicant in annual reports. Proposed Extension of Existing Agreement No changes are proposed to the Agreement other than extending the Enhancement of Survival Permit and associated Agreement for an additional 5 years. The proposed extension of the Enhancement of Survival permit and Agreement would authorize the incidental taking of the Covered Species associated with the restoration, enhancement, and maintenance of suitable habitat for the Covered Species; routine activities associated with maintenance and operation of the two transmission towers; and the potential future return of the Enrolled Property to baseline conditions. Consistent with the Service’s Safe Harbor Policy (64 FR 32717), the Service would issue a 5-year extension of the Enhancement of Survival Permit to the Applicant. This permit will authorize the Applicant to take the Covered Species incidental to the implementation of the management activities specified in the Agreement, incidental to other lawful uses of the E:\FR\FM\01MYN1.SGM 01MYN1 Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Notices property including normal, routine land management activities, and incidental to return to baseline conditions if desired. Although take of listed plant species is not prohibited under the Act, and therefore cannot be authorized under an enhancement of survival permit, plant species may be included on a permit in recognition of the net conservation benefit provided to them under a safe harbor agreement. An applicant would receive assurances under our ‘‘No Surprises’’ regulations (50 CFR 17.22(c)(5) and 17.32(c)(5)) for all species included in the Enhancement of Survival permit. In addition to meeting other criteria, actions to be performed under an Enhancement of Survival permit must not jeopardize the existence of federally listed fish, wildlife, or plants. mstockstill on DSK4VPTVN1PROD with NOTICES Public Review and Comments Individuals wishing to view the Agreement, including a map of the proposed permit area, should contact the office and personnel listed in the ADDRESSES section above. Before including your address, phone number, 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. The Service will evaluate this permit application, associated documents, and comments submitted thereon to determine whether the permit application meets the requirements of section 10(a) of the Act and National Environmental Policy Act (NEPA) regulations. If the Service determines that the requirements are met, we will issue a 5-year extension for the enhancement of survival permit under section 10(a)(1)(A) of the Act to the Applicant for take of the Covered Species incidental to otherwise lawful activities in accordance with the terms of the Agreement. The Service will not make our final decision until after the end of the 30-day comment period and will fully consider all comments received during the comment period. Authority The Service provides this notice pursuant to section 10(c) of the Act and VerDate Sep<11>2014 18:14 Apr 30, 2015 Jkt 235001 pursuant to implementing regulations for NEPA (40 CFR 1506.6). Jennifer M. Norris, Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento, California. [FR Doc. 2015–10299 Filed 4–30–15; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–HQ–IA–2015–N082; FXIA16710900000–156–FF09A30000] Endangered Species; Marine Mammals; Receipt of Applications for Permit Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications for permit. AGENCY: We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species, marine mammals, or both. With some exceptions, the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA) prohibit activities with listed species unless Federal authorization is acquired that allows such activities. DATES: We must receive comments or requests for documents on or before June 1, 2015. We must receive requests for marine mammal permit public hearings, in writing, at the address shown in the ADDRESSES section by June 1, 2015. ADDRESSES: Brenda Tapia, U.S. Fish and Wildlife Service, Division of Management Authority, Branch of Permits, MS: IA, 5275 Leesburg Pike, Falls Church, VA 22041; fax (703) 358– 2281; or email DMAFR@fws.gov. FOR FURTHER INFORMATION CONTACT: Brenda Tapia, (703) 358–2104 (telephone); (703) 358–2281 (fax); DMAFR@fws.gov (email). SUPPLEMENTARY INFORMATION: SUMMARY: I. Public Comment Procedures A. How do I request copies of applications or comment on submitted applications? Send your request for copies of applications or comments and materials concerning any of the applications to the contact listed under ADDRESSES. Please include the Federal Register notice publication date, the PRTnumber, and the name of the applicant in your request or submission. We will not consider requests or comments sent PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 24961 to an email or address not listed under If you provide an email address in your request for copies of applications, we will attempt to respond to your request electronically. Please make your requests or comments as specific as possible. Please confine your comments to issues for which we seek comments in this notice, and explain the basis for your comments. Include sufficient information with your comments to allow us to authenticate any scientific or commercial data you include. The comments and recommendations that will be most useful and likely to influence agency decisions are: (1) Those supported by quantitative information or studies; and (2) Those that include citations to, and analyses of, the applicable laws and regulations. We will not consider or include in our administrative record comments we receive after the close of the comment period (see DATES) or comments delivered to an address other than those listed above (see ADDRESSES). ADDRESSES. B. May I review comments submitted by others? Comments, including names and street addresses of respondents, will be available for public review at the street address listed under ADDRESSES. The public may review documents and other information applicants have sent in support of the application unless our allowing viewing would violate the Privacy Act or Freedom of Information Act. 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. II. Background To help us carry out our conservation responsibilities for affected species, and in consideration of section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), along with Executive Order 13576, ‘‘Delivering an Efficient, Effective, and Accountable Government,’’ and the President’s Memorandum for the Heads of Executive Departments and Agencies of January 21, 2009—Transparency and Open Government (74 FR 4685; January 26, 2009), which call on all Federal agencies to promote openness and E:\FR\FM\01MYN1.SGM 01MYN1

Agencies

[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Notices]
[Pages 24960-24961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10299]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2015-N068; 81420-1113-0000-F3]


Extension of Pacific Gas and Electric Safe Harbor Agreement for 
Interior Dune Species Located in Antioch Dunes in Contra Costa County, 
CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; receipt of application.

-----------------------------------------------------------------------

SUMMARY: This notice advises the public that Pacific Gas and Electric 
(Applicant) has applied to the U.S. Fish and Wildlife Service (Service) 
for a 5-year extension of their existing Enhancement of Survival permit 
under the Endangered Species Act of 1973, as amended (Act). The Safe 
Harbor Agreement (Agreement) is between the Applicant and the Service 
for the federally endangered Lange's metalmark butterfly, Antioch Dunes 
evening primrose, and Contra Costa wallflower. No changes are proposed 
to the Agreement other than extending the Enhancement of Survival 
Permit and associated Agreement for an additional 5 years.

DATES: To ensure consideration, please send your written comments by 
June 1, 2015.

ADDRESSES: Send comments to Mr. Rick Kuyper, via U.S. mail at U.S. Fish 
and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage 
Way, W-2605, Sacramento, CA 95825, or via facsimile to (916) 414-6713.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Kuyper, Sacramento Fish and 
Wildlife Office (see ADDRESSES); telephone: (916) 414-6600.

SUPPLEMENTARY INFORMATION: This notice advises the public that Pacific 
Gas and Electric (Applicant) has applied to the U.S. Fish and Wildlife 
Service (Service) for a 5-year extension of their existing Enhancement 
of Survival permit under the Endangered Species Act of 1973, as amended 
(Act). The Safe Harbor Agreement (Agreement) is between the Applicant 
and the Service for the federally endangered Lange's metalmark 
butterfly (Apodemia mormo langei), Antioch Dunes evening primrose 
(Oenothera deltoides ssp. howellii), and Contra Costa wallflower 
(Erysimum capitatum var. angustatum) (collectively referred to as the 
Covered Species). No changes are proposed to the Agreement other than 
extending the Enhancement of Survival Permit and associated Agreement 
for an additional 5 years.

Availability of Documents

    You may obtain a copy of the Agreement by contacting the individual 
named above. You may also make an appointment to view the document at 
the above address during normal business hours.

Background

    Under a Safe Harbor Agreement, participating landowners voluntarily 
undertake management activities on their property to enhance, restore, 
or maintain habitat benefiting species listed under the Act (16 U.S.C. 
1531 et seq.). Safe Harbor Agreements, and the subsequent enhancement 
of survival permits that are issued pursuant to section 10(a)(1)(A) of 
the Act, encourage private and other non-Federal property owners to 
implement conservation efforts for listed species by assuring property 
owners that they will not be subjected to increased property use 
restrictions as a result of their efforts to attract listed species to 
their property, or to increase the numbers or distribution of listed 
species already on their property. Application requirements and 
issuance criteria for enhancement of survival permits through Safe 
Harbor Agreements are found in 50 CFR 17.22(c) and 17.32(c). These 
permits allow any necessary future incidental take of covered species 
above the mutually agreed-upon baseline conditions for those species in 
accordance with the terms and conditions of the permits and 
accompanying agreements.

Existing Agreement

Description

    The Agreement covers two 6-acre parcels (Enrolled Property) that 
are located along the south shore of the San Joaquin River in Contra 
Costa County, California. The two parcels are located adjacent to, and 
on either side of, the 14-acre Sardis Unit of the Antioch Dunes 
National Wildlife Refuge (Refuge). Two transmission towers are located 
on the Enrolled Property--one 115 kV tower on the west parcel and one 
230 kV tower on the east parcel. The Applicant relies on graveled and 
dirt access roads to reach all of its facilities on the Enrolled 
Property. Each tower has an established work area that is utilized for 
maintenance and operation activities.

Purpose

    The purpose of this Agreement is for the Service and the Applicant 
to collaborate and implement conservation measures for the Covered 
Species. The Applicant has restored and maintained suitable habitat 
within the Enrolled Property within the Antioch Dunes system, as 
specified in the Agreement. Restoration actions have primarily involved 
controlling invasive plant species. The Applicant has allowed the 
Service to conduct native plant restoration activities as specified in 
the Agreement. The restoration activities have resulted in an increase 
in host plants for the Lange's metalmark butterfly throughout the 
Enrolled Property, thus resulting in a net conservation benefit for 
this species. Additionally, the restoration activities have decreased 
threats to the Contra Costa wallflower and the Antioch Dunes evening 
primrose by reducing the amount of invasive, nonnative plants that 
outcompete the federally endangered plants. The Agreement also contains 
a monitoring component that provides information on the success of weed 
eradication and assists the Refuge in early detection of new invasive 
plant species. Results of these monitoring efforts are provided to the 
Service by the Applicant in annual reports.

Proposed Extension of Existing Agreement

    No changes are proposed to the Agreement other than extending the 
Enhancement of Survival Permit and associated Agreement for an 
additional 5 years. The proposed extension of the Enhancement of 
Survival permit and Agreement would authorize the incidental taking of 
the Covered Species associated with the restoration, enhancement, and 
maintenance of suitable habitat for the Covered Species; routine 
activities associated with maintenance and operation of the two 
transmission towers; and the potential future return of the Enrolled 
Property to baseline conditions.
    Consistent with the Service's Safe Harbor Policy (64 FR 32717), the 
Service would issue a 5-year extension of the Enhancement of Survival 
Permit to the Applicant. This permit will authorize the Applicant to 
take the Covered Species incidental to the implementation of the 
management activities specified in the Agreement, incidental to other 
lawful uses of the

[[Page 24961]]

property including normal, routine land management activities, and 
incidental to return to baseline conditions if desired. Although take 
of listed plant species is not prohibited under the Act, and therefore 
cannot be authorized under an enhancement of survival permit, plant 
species may be included on a permit in recognition of the net 
conservation benefit provided to them under a safe harbor agreement. An 
applicant would receive assurances under our ``No Surprises'' 
regulations (50 CFR 17.22(c)(5) and 17.32(c)(5)) for all species 
included in the Enhancement of Survival permit. In addition to meeting 
other criteria, actions to be performed under an Enhancement of 
Survival permit must not jeopardize the existence of federally listed 
fish, wildlife, or plants.

Public Review and Comments

    Individuals wishing to view the Agreement, including a map of the 
proposed permit area, should contact the office and personnel listed in 
the ADDRESSES section above.
    Before including your address, phone number, 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.
    The Service will evaluate this permit application, associated 
documents, and comments submitted thereon to determine whether the 
permit application meets the requirements of section 10(a) of the Act 
and National Environmental Policy Act (NEPA) regulations. If the 
Service determines that the requirements are met, we will issue a 5-
year extension for the enhancement of survival permit under section 
10(a)(1)(A) of the Act to the Applicant for take of the Covered Species 
incidental to otherwise lawful activities in accordance with the terms 
of the Agreement. The Service will not make our final decision until 
after the end of the 30-day comment period and will fully consider all 
comments received during the comment period.

Authority

    The Service provides this notice pursuant to section 10(c) of the 
Act and pursuant to implementing regulations for NEPA (40 CFR 1506.6).

Jennifer M. Norris,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento, 
California.
[FR Doc. 2015-10299 Filed 4-30-15; 8:45 am]
 BILLING CODE 4310-55-P