Endangered Species; File No. 21088, 22649-22651 [2017-09904]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Notices]
[Pages 22649-22651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09904]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF105


Endangered Species; File No. 21088

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 22650]]

Atmospheric Administration (NOAA), Department of Commerce.

ACTION: Notice; application for an enhancement of survival permit.

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

SUMMARY: NMFS has received an application for an enhancement of 
survival permit under the Endangered Species Act (ESA) and a request 
for entry into an associated Safe Harbor Agreement (Agreement) between 
the applicant and NMFS. The proposed enhancement of survival permit and 
Agreement are intended to promote the survival and recovery of the 
Southern Oregon/Northern California Coast (SONCC) coho salmon 
(Oncorhynchus kisutch), which is listed as threatened under the ESA.

DATES: Comments or requests for a public hearing on the action proposed 
in the application or related matters must be received no later than 5 
p.m. Pacific standard time on June 16, 2017.

ADDRESSES: You may submit comments on this document and requests for a 
public hearing by any of the following methods. Please identify 
comments as relating to the ``Hart Ranch Proposed Safe Harbor 
Agreement.''
     Electronic Submissions: Submit all electronic comments via 
the Federal Rulemaking Portal. Go to https://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0041, click the ``Comment Now!'' icon, 
complete the required fields, and enter, or attach your comments.
     Mail, Email, or Fax: Submit written comments and requests 
for a public hearing to California Coastal Office, NMFS WCR, 1655 
Heindon Road, Arcata, CA 95521. Comments and requests may also be 
submitted via fax to 707-825-4840 or by email to 
WCRHartRanchSHA.comments@noaa.gov.
    Instructions: Comments sent by any other methods, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are part of the 
public record, and will generally be posted for public viewing on 
https://www.regulations.gov without change. All personally identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Information NMFS received as a part of the application is available 
upon request by contacting the NMFS West Coast Region (WCR) at its 
California Coastal Office in Arcata, California.

FOR FURTHER INFORMATION CONTACT: Jim Simondet, NOAA Fisheries 
California Coastal Office, 707-825-5171, email: 
WCRHartRanchSHA.comments@noaa.gov).

SUPPLEMENTARY INFORMATION:

Background

    Enhancement of survival permits are issued in accordance with 
section 10(a)(1)(A) of the ESA (16 U.S.C. 1531 et seq.), and 
regulations governing ESA-listed fish and wildlife permits (50 CFR 
parts 222-227). NMFS issues permits based on findings that such 
permits: (1) Were applied for in good faith; (2) if granted and 
exercised would not operate to the disadvantage of the listed species 
that are the subject of the permit; and (3) are consistent with the 
purposes and policy set forth in section 2 of the ESA. The authority to 
take listed species is subject to conditions set forth in the permits.
    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 ESA (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 ESA, 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 and increase the numbers or distribution of these 
species already on their property. Application requirements and 
issuance criteria for enhancement of survival permits through Safe 
Harbor Agreements are found in 50 CFR 222.308(b), 222.308(c) and the 
Announcement of Final Safe Harbor Policy published on June 17, 1999 (64 
FR 32717). The permit allows 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 permit 
and accompanying Agreement.
    Any interested party may submit data, views, arguments, or a 
request for a hearing with respect to the permit application and 
proposed Safe Harbor Agreement. Anyone requesting a hearing on a matter 
pursuant to this notice should set out the specific reasons why a 
hearing would be appropriate (see ADDRESSES). Such hearings are held at 
the discretion of the Assistant Administrator for Fisheries, NMFS.

Application Received (Permit 21088)

    The Hart Ranch (Applicant) is requesting an enhancement of survival 
permit and approval of an associated proposed Agreement that was 
developed by NMFS and the Applicant. The enhancement of survival permit 
will facilitate implementation of the Agreement, which is expected to 
promote the recovery of the covered species on non-federal property 
within the Little Shasta River on the Hart Ranch. The Little Shasta 
River is a tributary to the Shasta River, (a tributary to the Klamath 
River) in Siskiyou County, California. The proposed duration of the 
Agreement and the associated enhancement of survival permit is 10 
years. The proposed enhancement of survival permit would authorize the 
incidental taking of SONCC coho salmon that may be associated with 
covered activities, including beneficial management activities, routine 
ranch management activities, and the potential future return of the 
enrolled property to baseline conditions at the end of the Agreement, 
as defined in the Agreement. The Agreement specifies the beneficial 
management activities to be carried out on the enrolled property and a 
schedule for implementing those activities. The Agreement is expected 
to promote the recovery of SONCC coho salmon within the Hart Ranch.
    The Safe Harbors policy encourages landowners to improve habitat 
for listed species on their property. Under the policy, NMFS determines 
a habitat baseline condition and any increase in a listed species 
population above that baseline condition that results from the 
landowner's voluntary stewardship efforts would not increase their 
regulatory responsibility or affect future land-use decisions. NMFS 
reviewed each present baseline and elevated baseline determination. The 
Agreement also contains a monitoring component that requires the 
Applicant to ensure compliance with the terms and conditions of the 
Agreement, and that the baseline levels of habitat for the covered 
species occurs on the enrolled property. Results of the monitoring 
efforts will be provided to NMFS by the Applicant in an annual report 
for the duration of the 10-year permit term.
    Upon approval of this Agreement, and consistent with the U.S. Fish 
and Wildlife Agency and NMFS's joint Safe Harbor Policy (64 FR 32717, 
June 17, 1999), NMFS will issue an enhancement of survival permit to 
the Applicant. The

[[Page 22651]]

enhancement of survival permit will authorize the Applicant to take 
SONCC coho salmon incidental to the implementation of the covered 
activities specified in the Agreement, incidental to other lawful uses 
of the enrolled property, and to return to present baseline and 
elevated baseline conditions, if desired, at the end of the Agreement. 
In addition to meeting other criteria, actions to be performed under 
the enhancement of survival permit must not jeopardize the existence of 
federally listed species.
    This notice is provided pursuant to section 10(c) of the ESA. NMFS 
will evaluate the application, associated documents, and comments 
submitted to determine whether the application meets the requirements 
of section 10(a) of the ESA and 50 CFR part 17 of federal regulations. 
The final permit decision will not be made until after the end of the 
30-day comment period. NMFS will publish a notice announcing its final 
action in the Federal Register.

    Dated: May 11, 2017.
Angela Somma,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2017-09904 Filed 5-16-17; 8:45 am]
 BILLING CODE 3510-22-P