Application for an Enhancement of Survival Permit for the Proposed Springs Preserve Safe Harbor Agreement, Las Vegas, Clark County, Nevada, 21587-21588 [2016-08344]

Download as PDF Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices the applicant’s construction activities associated with the development of residential houses in the City of Redlands. The applicant’s revised HCP identifies a no-build alternative that would not result in additional incidental take of SBKR; however, it is infeasible for the applicant to accept this alternative, as it would result in no development of the land and associated infrastructure improvements necessary to the City of Redlands and surrounding community. The revised HCP also examined participation in a regional HCP as an alternative to an individual HCP. This alternative plan is infeasible because there is currently no completed regional plan, and the timing for completion of a regional plan is unknown. asabaliauskas on DSK3SPTVN1PROD with NOTICES Our Preliminary Determination We invite comments on our preliminary determination that our proposed action, based on the applicant’s proposed activities to expand SBKR translocation minimization and mitigation measures, would have a minor or negligible effect on SBKR, and that the revised HCP qualifies as ‘‘low effect’’ as defined by our Habitat Conservation Planning Handbook (November 1996). We base our determination that this HCP qualifies as a low-effect plan on the following three criteria: 1. Implementation of the HCP would result in minor or negligible effects on federally listed, proposed, and candidate species and their habitats; 2. Implementation of the HCP would result in minor or negligible effects on other environmental values or resources; and 3. Impacts of the HCP, considered together with the impacts of other past, present, and reasonably foreseeable similarly situated projects, would not result, over time, in cumulative effects to environmental values or resources that would be considered significant. As more fully explained in our associated low-effect screening form, the applicant’s revised HCP qualifies as a low-effect HCP for the following reasons: 1. The project is small in size and the loss of this habitat would not jeopardize the continued existence of the SBKR. 2. The project site is not in designated critical habitat for the SBKR. 3. The translocation of additional SBKR off of the project site to conserved receiver sites would increase the local genetic diversity of SBKR at multiple locations in the Santa Ana River watershed, contributing to species recovery. VerDate Sep<11>2014 17:18 Apr 11, 2016 Jkt 238001 Therefore, our proposed issuance of the requested incidental take permit qualifies as a categorical exclusion under the National Environmental Policy Act, as provided by Department of the Interior implementing regulations in part 46 of title 43 of the Code of Federal Regulations (43 CFR 46.205, 46.210, and 46.215). Based on our review of public comments we receive in response to this notice, we may revise this preliminary determination. Public Review The Service invites the public to comment on the application to amend the permit, including the revised HCP, during the public comment period. Copies of the documents will be available during a 30-day public comment period (see DATES). If you wish to comment, you may submit your comments to the address listed in 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 may 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. Next Steps We will evaluate the revised HCP and comments we receive to determine whether the application for a permit amendment meets the requirements and issuance criteria under section 10(a) of the Act (16 U.S.C. 1531 et seq.). We will also evaluate whether issuance of an amended section 10(a)(1)(B) incidental take permit would comply with section 7 of the Act by reinitiating intra-Service consultation. We will use the results of the reinitiation, in combination with the above findings, in our final analysis to determine whether or not to issue a permit amendment. If the requirements and issuance criteria under section 10(a) are met, we will issue the permit amendment to the applicant for incidental take of SBKR associated with expanded translocation activities. Scott A. Sobiech, Acting Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, California. [FR Doc. 2016–08345 Filed 4–11–16; 8:45 am] BILLING CODE 4333–15–P PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 21587 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R8–ES–2016–N049; FXES11130800000–167–FF08ENVS00] Application for an Enhancement of Survival Permit for the Proposed Springs Preserve Safe Harbor Agreement, Las Vegas, Clark County, Nevada Fish and Wildlife Service, Interior. ACTION: Notice of availability; receipt of application and request for comment. AGENCY: We, the U.S. Fish and Wildlife Service (Service), have received an application from the Las Vegas Valley Water District (applicant) for an enhancement of survival permit under the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposed safe harbor agreement (SHA) between the applicant and the Service. The SHA provides for voluntary activities that will contribute to the recovery of the Pahrump poolfish. We have made a preliminary determination that the proposed SHA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). SUMMARY: Written comments must be received on or before May 12, 2016. ADDRESSES: Comments should be addressed to Michael J. Senn, Field Supervisor, by U.S. mail at Southern Nevada Fish and Wildlife Office, 4701 North Torrey Pines Drive, Las Vegas, NV 89130; or by fax to 702–515–5231 (see Public Review and Comment under SUPPLEMENTARY INFORMATION). FOR FURTHER INFORMATION CONTACT: James Harter, Fish Biologist, at the Southern Nevada Fish and Wildlife Office address, or by telephone at 702– 515–5230. SUPPLEMENTARY INFORMATION: We have received an application from the Las Vegas Valley Water District (applicant) for an enhancement of survival permit under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.). The permit application includes a proposed safe harbor agreement (SHA) between the applicant and the Service. The SHA provides for voluntary habitat restoration, maintenance, enhancement, or creation activities that will contribute to the recovery of the Pahrump poolfish (Empetrichthys latos). The proposed duration of both the SHA and permit is for 15 years, with an option to extend an additional 15 years. DATES: E:\FR\FM\12APN1.SGM 12APN1 21588 Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices asabaliauskas on DSK3SPTVN1PROD with NOTICES We have made a preliminary determination that the proposed SHA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for this determination is contained in an environmental Action Statement, which is also available for public review. Background The primary objective of this SHA is to encourage voluntary creation and maintenance of habitat to benefit the Pahrump poolfish by assuring the property owners that they will not be subjected to increased property use restrictions as a result of their efforts to establish a population of a listed species on their property, to increase the distribution and number of refugia within the range of the listed species. Application requirements and issuance criteria for enhancement of survival permits through SHAs are found in 50 CFR 17.22 and 17.32(c). As long as the enrolled landowner allows the agreedupon conservation measures to be completed on their property and maintains their baseline responsibilities, they may make any other lawful use of the property during the permit term, even if such use results in the take of individual Pahrump poolfish or harm to their habitat as described in the SHA. The landowner has suitable habitat for the establishment of a refugium that will contribute to the conservation of the species. The applicant has provided a SHA to the Service that includes: (1) A map of the property and its legal description; (2) a description of existing biological community, including nonnative aquatic species and sensitive or protected species; (3) the portion of the property to be enrolled and its acreage; (4) a description of the habitat types that occur on the property to be enrolled, including a description of the ponds and other aquatic habitats; and (5) current land use practices and existing developments, and the characteristics of water supplies to aquatic habitats. The applicant, as the permittee, will be responsible for annual monitoring and reporting related to implementation of the SHA and fulfillment of their provisions. As specified in the SHA, the applicant will issue yearly reports to the Service related to implementation of the program. Therefore, we have made a preliminary determination that our proposed issuance of the requested permit qualifies as a categorical exclusion under the National Environmental Policy Act, as provided by Department of the Interior VerDate Sep<11>2014 17:18 Apr 11, 2016 Jkt 238001 implementing regulations in part 46 of title 43 of the Code of Federal Regulations (43 CFR 46.205, 46.210, and 46.215), based on the following criteria: (1) Implementation of the SHA would result in minor or negligible effects on federally listed, proposed, and candidate species and their habitats; (2) implementation of the SHA would result in minor or negligible effects on other environmental values or resources; and (3) impacts of the SHA, considered together with impacts of other past, present, and reasonably foreseeable similarly situated projects, would not result, over time, in cumulative effects to environmental values or resources that would be considered significant. This is more fully explained in our environmental action statement. Based upon this preliminary determination, we do not intend to prepare further NEPA documentation. We will consider public comments in making our final determination on whether to prepare such additional documentation. Public Review and Comments Individuals wishing copies of the permit application, the environmental action statement, or copies of the full text of the SHA, including a map of the proposed permit area, references, and legal descriptions of the proposed permit area, should contact the office and personnel listed in the FOR FURTHER INFORMATION CONTACT section or obtain copies from our Web site, http:// www.fws.gov/nevada. Documents also will be available for public inspection, by appointment, during normal business hours at our office (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. Decision We will evaluate the permit application, the SHA, and comments submitted thereon to determine whether the application meets the requirements of section 10(a) of the Act and NEPA regulations. If the requirements are met, the Service will sign the proposed SHA and issue an enhancement of survival permit under section 10(a)(1)(A) of the Act to the applicant for take of the Pahrump poolfish incidental to PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 otherwise lawful activities of the project. We will not make a final decision until after the end of the 30day comment period, and we will fully consider all comments received during the comment period. Authority We provide this notice under section 10(c) of the Act (16 U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22 and 17.32), and the National Environmental Policy Act (42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR 1506.6). Dated: March 31, 2016. Michael J. Senn, Field Supervisor, Southern Nevada Fish and Wildlife Office, Las Vegas, Nevada. [FR Doc. 2016–08344 Filed 4–11–16; 8:45 am] BILLING CODE 4333–15–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Portable Electronic Devices and Components Thereof, DN 3130; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing under section 210.8(b) of the Commission’s Rules of Practice and Procedure (19 CFR 210.8(b)). SUMMARY: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s Electronic Document Information System (EDIS) at EDIS,1 and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission FOR FURTHER INFORMATION CONTACT: 1 Electronic Document Information System (EDIS): http://edis.usitc.gov. E:\FR\FM\12APN1.SGM 12APN1

Agencies

[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Notices]
[Pages 21587-21588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08344]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2016-N049; FXES11130800000-167-FF08ENVS00]


Application for an Enhancement of Survival Permit for the 
Proposed Springs Preserve Safe Harbor Agreement, Las Vegas, Clark 
County, Nevada

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; receipt of application and request for 
comment.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from the Las Vegas Valley Water District 
(applicant) for an enhancement of survival permit under the Endangered 
Species Act of 1973, as amended (Act). The permit application includes 
a proposed safe harbor agreement (SHA) between the applicant and the 
Service. The SHA provides for voluntary activities that will contribute 
to the recovery of the Pahrump poolfish. We have made a preliminary 
determination that the proposed SHA and permit application are eligible 
for categorical exclusion under the National Environmental Policy Act 
of 1969 (NEPA).

DATES: Written comments must be received on or before May 12, 2016.

ADDRESSES: Comments should be addressed to Michael J. Senn, Field 
Supervisor, by U.S. mail at Southern Nevada Fish and Wildlife Office, 
4701 North Torrey Pines Drive, Las Vegas, NV 89130; or by fax to 702-
515-5231 (see Public Review and Comment under SUPPLEMENTARY 
INFORMATION).

FOR FURTHER INFORMATION CONTACT: James Harter, Fish Biologist, at the 
Southern Nevada Fish and Wildlife Office address, or by telephone at 
702-515-5230.

SUPPLEMENTARY INFORMATION: We have received an application from the Las 
Vegas Valley Water District (applicant) for an enhancement of survival 
permit under the Endangered Species Act of 1973, as amended (Act; 16 
U.S.C. 1531 et seq.). The permit application includes a proposed safe 
harbor agreement (SHA) between the applicant and the Service. The SHA 
provides for voluntary habitat restoration, maintenance, enhancement, 
or creation activities that will contribute to the recovery of the 
Pahrump poolfish (Empetrichthys latos). The proposed duration of both 
the SHA and permit is for 15 years, with an option to extend an 
additional 15 years.

[[Page 21588]]

    We have made a preliminary determination that the proposed SHA and 
permit application are eligible for categorical exclusion under the 
National Environmental Policy Act of 1969 (NEPA). The basis for this 
determination is contained in an environmental Action Statement, which 
is also available for public review.

Background

    The primary objective of this SHA is to encourage voluntary 
creation and maintenance of habitat to benefit the Pahrump poolfish by 
assuring the property owners that they will not be subjected to 
increased property use restrictions as a result of their efforts to 
establish a population of a listed species on their property, to 
increase the distribution and number of refugia within the range of the 
listed species. Application requirements and issuance criteria for 
enhancement of survival permits through SHAs are found in 50 CFR 17.22 
and 17.32(c). As long as the enrolled landowner allows the agreed-upon 
conservation measures to be completed on their property and maintains 
their baseline responsibilities, they may make any other lawful use of 
the property during the permit term, even if such use results in the 
take of individual Pahrump poolfish or harm to their habitat as 
described in the SHA.
    The landowner has suitable habitat for the establishment of a 
refugium that will contribute to the conservation of the species. The 
applicant has provided a SHA to the Service that includes: (1) A map of 
the property and its legal description; (2) a description of existing 
biological community, including nonnative aquatic species and sensitive 
or protected species; (3) the portion of the property to be enrolled 
and its acreage; (4) a description of the habitat types that occur on 
the property to be enrolled, including a description of the ponds and 
other aquatic habitats; and (5) current land use practices and existing 
developments, and the characteristics of water supplies to aquatic 
habitats.
    The applicant, as the permittee, will be responsible for annual 
monitoring and reporting related to implementation of the SHA and 
fulfillment of their provisions. As specified in the SHA, the applicant 
will issue yearly reports to the Service related to implementation of 
the program.
    Therefore, we have made a preliminary determination that our 
proposed issuance of the requested permit qualifies as a categorical 
exclusion under the National Environmental Policy Act, as provided by 
Department of the Interior implementing regulations in part 46 of title 
43 of the Code of Federal Regulations (43 CFR 46.205, 46.210, and 
46.215), based on the following criteria: (1) Implementation of the SHA 
would result in minor or negligible effects on federally listed, 
proposed, and candidate species and their habitats; (2) implementation 
of the SHA would result in minor or negligible effects on other 
environmental values or resources; and (3) impacts of the SHA, 
considered together with impacts of other past, present, and reasonably 
foreseeable similarly situated projects, would not result, over time, 
in cumulative effects to environmental values or resources that would 
be considered significant. This is more fully explained in our 
environmental action statement.
    Based upon this preliminary determination, we do not intend to 
prepare further NEPA documentation. We will consider public comments in 
making our final determination on whether to prepare such additional 
documentation.

Public Review and Comments

    Individuals wishing copies of the permit application, the 
environmental action statement, or copies of the full text of the SHA, 
including a map of the proposed permit area, references, and legal 
descriptions of the proposed permit area, should contact the office and 
personnel listed in the FOR FURTHER INFORMATION CONTACT section or 
obtain copies from our Web site, http://www.fws.gov/nevada. Documents 
also will be available for public inspection, by appointment, during 
normal business hours at our office (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.

Decision

    We will evaluate the permit application, the SHA, and comments 
submitted thereon to determine whether the application meets the 
requirements of section 10(a) of the Act and NEPA regulations. If the 
requirements are met, the Service will sign the proposed SHA and issue 
an enhancement of survival permit under section 10(a)(1)(A) of the Act 
to the applicant for take of the Pahrump poolfish incidental to 
otherwise lawful activities of the project. We will not make a final 
decision until after the end of the 30-day comment period, and we will 
fully consider all comments received during the comment period.

Authority

    We provide this notice under section 10(c) of the Act (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22 and 
17.32), and the National Environmental Policy Act (42 U.S.C. 4371 et 
seq.) and its implementing regulations (40 CFR 1506.6).

    Dated: March 31, 2016.
Michael J. Senn,
Field Supervisor, Southern Nevada Fish and Wildlife Office, Las Vegas, 
Nevada.
[FR Doc. 2016-08344 Filed 4-11-16; 8:45 am]
 BILLING CODE 4333-15-P