Endangered and Threatened Species; Take of Anadromous Fish, 59358-59360 [2019-23964]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 213 (Monday, November 4, 2019)]
[Notices]
[Pages 59358-59360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23964]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[0648-XR060]


Endangered and Threatened Species; Take of Anadromous Fish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability; extension of public comment period.

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SUMMARY: We, NMFS, announce the extension of the comment period for the 
receipt of 14 (Permit Numbers 23271, 23276, 23278, 23279, 23280, 23284, 
23285, 23286, 23287, 23288, 23289, 23290, 23291, 23434) applications 
for enhancement of survival permits under the Endangered Species Act 
(ESA) of 1973, as amended (16 U.S.C. 1531 et seq.), and proposed entry 
into an associated Template Safe Harbor Agreement (Agreement) between 
the applicants and NMFS. The Notice of Receipt for the 14 applications 
published on October 15, 2019. The proposed enhancement of survival 
permits and Agreement are intended to promote the survival and recovery 
of the Southern Oregon/Northern California Coast (SONCC) coho salmon 
(Oncorhynchus kisutch) Evolutionary Significant Unit (ESU), which is 
listed as threatened under the ESA. We are soliciting review and 
comment from the public and all interested parties on the applications 
and associated documents. The close of the comment period is being 
extended--from November 15, 2019, to December 31, 2019--to provide 
additional opportunity for public comment.

DATES: Comments or requests for a public hearing on the actions 
proposed in the applications must be received at the appropriate 
address or fax number (see ADDRESSES) no later than 5 p.m. Pacific 
standard time on December 31, 2019.

ADDRESSES: Written comments on the applications should be submitted to 
the California Coastal Office, NMFS, 1655 Heindon Road, Arcata, CA 
95521 707-822-7201. Comments may also be submitted via fax to 707-822-
4840, or by email to [email protected] (include the permit numbers in 
the subject line of the fax or email).

FOR FURTHER INFORMATION CONTACT: Jim Simondet, Arcata, CA (ph.: 707-
822-7201; Fax: 707-825-4840; email: [email protected]. Permit 
application are available upon request through the contact information 
above, or online at https://apps.nmfs.noaa.gov and https://www.fisheries.noaa.gov/resource/document/shasta-river-template-safe-harbor-agreements-and-site-plans-review.

SUPPLEMENTARY INFORMATION: 

Extension of Comment Period

    On October 15, 2019 (84 FR 55145) we (NMFS) published in the 
Federal Register a request for public comment 14 applications for 
enhancement of survival permits. The public comment period for this 
action is set to end on November 15, 2019. The comment period is being 
extended through December 31, 2019, to provide additional opportunity 
for public comment.

Species Covered in This Notice

    The following ESA-listed species is covered in this notice:
     Threatened coho salmon (Oncorhynchus kisutch): Southern 
Oregon/Northern California Coast (SONCC) Evolutionary Significant Unit 
(ESU).

Authority

    Enhancement permits are issued in accordance with Section 
10(a)(1)(A) of the ESA (16 U.S.C. 1539(a)(1)(A)) and regulations 
governing listed fish and wildlife permits (50 CFR part 222, subpart 
C). NMFS issues permits based on findings that such permits: (1) Are 
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; (3) are consistent with the purposes and policies of 
Section 2 of the ESA; (4) would further a bona fide and necessary or 
desirable scientific purpose or enhance the propagation or survival of 
the endangered species, taking into account the benefits anticipated to 
be derived on behalf of the endangered species; and additional issuance 
criteria (as listed at 50 CFR 222.308(c)(5-12)). The authority to take 
listed species is subject to conditions set forth in the permits.
    Anyone requesting a hearing on an application listed in this notice 
should set out the specific reasons why a hearing on that application 
would be appropriate (see ADDRESSES). Such hearings are held at the 
discretion of the

[[Page 59359]]

Assistant Administrator for Fisheries, NMFS.

Permit Applications Received

    Fourteen applicants are requesting individual enhancement of 
survival permits and entry of an associated Agreement that was 
developed by NMFS, California Department of Fish and Wildlife (CDFW), 
the Shasta Watershed Conservation Group (SWCG) and the Applicants. The 
14 Applicants (Table 1) each developed site plans for their respective 
properties (i.e., Enrolled Properties) that describe management 
activities that will be implemented, including beneficial activities 
for SONCC coho salmon (the covered species). The site plans, Agreement, 
and enhancement of survival permits are expected to promote the 
recovery of the covered species on non-federal property within the 
Shasta River in the Agreement Area (see Figure 1 in the Agreement). The 
Shasta River is a tributary to the Klamath River and is in Siskiyou 
County, California. The proposed duration of the Agreement and the 
associated enhancement of survival permits is 20 years. The proposed 
enhancement of survival permits 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 properties 
to baseline conditions at the end of the Agreement, as defined in the 
Agreement. The site plans and Agreement specify the beneficial 
management activities to be carried out on the enrolled properties and 
a schedule for implementing those activities. The site plan and 
Agreement are expected to promote the recovery of SONCC coho salmon 
within the Shasta River within the Agreement Area.

                        Table 1--Applicants and Associated Permit Numbers for This Notice
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                 Applicant                    Permit No.                     Enrolled property
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Outpost North Annex........................        23271  Belcampo-North Annex Property, 8030 Siskiyou Blvd.,
                                                           Grenada, CA 96038.
California Department of Fish and Wildlife.        23276  Big Springs Ranch Wildlife Area, 41[deg]35'44.76 N
                                                           122[deg]27'31.52 W.
Cardoza Ranch..............................        23278  Cardoza Ranch, 3710 East Louie Road, Montague, CA
                                                           96064.
Edson Foulke Ditch Company.................        23279  Edson-Foulke Point of Diversion, 41[deg]43'52.6 N
                                                           122[deg]47'46.8 W.
Grenada Irrigation District................        23280  Grenada Irrigation District, Point of Diversion
                                                           41[deg]38'11.56 N 122[deg]29'22.88 W.
2019 Lowell L. Novy Revocable Trust........        23284  Grenada-Novy Ranch, Gazelle--19931 Old Hwy. 99 S,
                                                           Gazelle, CA 96034, Grenada--2426 County Hwy. A-12,
                                                           Grenada, CA 96034.
Hidden Valley Ranch........................        23285  Hidden Valley Ranch, 13521 Big Springs Road, Montague,
                                                           CA 96064.
Emmerson Investments, Inc..................        23286  Hole-in-the-Ground Ranch, 11825 Big Springs Road,
                                                           Montague, CA 96064.
Montague Water Conservation District.......        23287  Montague Water Conservation District, N 52[deg],43' E,
                                                           approximately 2601 feet from SW corner of Section 25,
                                                           T43N, R5W, MDB&M, being within the NE\1/4\ of SW\1/4\
                                                           of said Section 25.
NB Ranches, Inc............................        23434  Nicoletti Ranch, 1824 DeSouza Lane, Montague, CA and
                                                           2238 DeSouza Lane, Montague, CA.
Outpost Mole Richardson....................        23288  Parks Creek Ranch, 25801 Old Hwy. 99, Weed, CA 96094.
Rice Livestock Company.....................        23289  Rice Livestock Company, 1730 County Highway A12,
                                                           Montague, CA.
Emmerson Investments, Inc..................        23290  Seldom Seen Ranch, 41[deg]54'63.2 N 122[deg]38'35.7 W.
Emmerson Investments, Inc..................        23291  Shasta Springs Ranch, 21305 Slough Road, Weed, CA
                                                           96094.
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    Under U.S. Fish and Wildlife Service and NMFS' joint Safe Harbor 
Policy (64 FR 32717, June 17, 1999), Safe Harbor Agreements provide 
incentives to property owners to restore, enhance, or maintain habitats 
and/or populations of listed species that result in a net conservation 
benefit to these species. Under the policy, landowners are provided 
certainty relative to future property-use restrictions, even if their 
conservation efforts attract listed species onto enrolled properties or 
increase the numbers or distribution of listed species already present. 
Subject to specifications in the relevant documents, these regulatory 
assurances allow the landowners to alter or modify enrolled property, 
even if such alteration or modification results in the incidental take 
of a listed species to such an extent that it returns the species back 
to the originally agreed upon baseline conditions. NMFS reviewed each 
present baseline and elevated baseline determination in each site plan. 
The site plans and Agreement also contain a monitoring component that 
requires the Applicants to ensure compliance with the terms and 
conditions, and that the specified baseline levels of habitat for the 
covered species is maintained on the enrolled property. Results of the 
monitoring efforts will be provided to NMFS by the Applicants in an 
annual report for the duration of the 20-year permit term.
    Upon approval of the Agreement and site plans, and consistent with 
the Safe Harbor Policy, NMFS will issue enhancement of survival permits 
to the Applicants. The enhancement of survival permits will authorize 
the Applicants to take SONCC coho salmon incidental to the 
implementation of the covered activities specified in the site plans 
and 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 site plans and 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.

National Environmental Policy Act

    Issuing an ESA section 10(a)(1)(A) permit constitutes a Federal 
action requiring NMFS to comply with the National Environmental Policy 
Act (NEPA; 42 U.S.C. 4321 et seq.) as implemented by 40 CFR parts 1500-
1508 and NOAA Administrative Order 216-6, Environmental Review 
Procedures for Implementing the National Policy Act (1999). NMFS will 
evaluate the application(s) and determine the level of NEPA analysis 
needed for this action.

Public Comments Solicited

    NMFS invites the public to comment, including any written data, 
views, or arguments, on the permit applications during the public 
comment period, which ends on the date specified above. This notice is 
provided pursuant to Section 10(c) of the ESA (16 U.S.C. 1539(c)), 50 
CFR 222.303. All comments and materials received, including names and 
addresses, will become part of the administrative record and may be 
released to the public. We provide this

[[Page 59360]]

notice in order to allow the public, agencies, or other organizations 
to review and comment on these documents.

Next Steps

    NMFS will evaluate the applications, associated documents, and 
comments submitted to determine whether the applications meet the 
requirements of Section 10(a)(1)(A) of the ESA and Federal regulations. 
The final permit decisions will not be made until after the end of the 
30-day public comment period and after NMFS has fully considered all 
relevant comments received. NMFS will also meet other legal 
requirements prior to taking final action, including preparation of a 
biological opinion. NMFS will publish notice of its final action in the 
Federal Register.

    Dated: October 29, 2019.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2019-23964 Filed 11-1-19; 8:45 am]
 BILLING CODE 3510-22-P