Fish and Wildlife Service September 7, 2006 – Federal Register Recent Federal Regulation Documents

As part of ongoing recovery efforts for the endangered Columbia Basin distinct population segment of the pygmy rabbit (Brachylagus idahoensis), this notice advises the public that the U.S. Fish and Wildlife Service (Service or we), in cooperation with the Washington Department of Fish and Wildlife (WDFW), is making available for public review and comment a draft Template Safe Harbor Agreement (Agreement). The proposed Agreement addresses incidental take of Columbia Basin pygmy rabbits (CBPR) that could result from activities associated with ranching, farming, recreation, residential upkeep, conservation programs, and shrub steppe maintenance, restoration, and enhancement on an undeterminable number of non-Federal properties. The area covered by the proposed Agreement (Covered Area) includes portions of 6 counties in central Washington and totals approximately 2,650,000 acres. However, eligible properties that occur within the Covered Area and are most likely to be enrolled under the Agreement would primarily include those that have existing shrub steppe habitat and/or soil conditions that may be capable of supporting the species, either currently or in the foreseeable future. These lands, as well as adjacent properties that may receive intermittent use by CBPRs, such as for exploratory behavior or dispersal between suitable habitats, total approximately 750,000 acres. Implementation of the proposed Agreement would provide the opportunity for interested non-Federal and non-WDFW landowners and managers to voluntarily enroll their lands under the Agreement and receive an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA). In exchange for the incidental take authority that would be provided by issuance of permits, participants who enroll their lands under this Agreement would implement conservation measures that would be expected to provide a net conservation benefit to the CBPR. The duration of the proposed Agreement is 20 years. The duration of associated permits could be for shorter periods, but would not exceed the duration of the Agreement. More detailed descriptions of the background biological information, Covered Area, proposed covered activities, conservation measures, and expected net conservation benefits are provided in the draft Agreement and in the SUPPLEMENTARY INFORMATION section below. This also announces the receipt and availability for public review and comment three applications for incidental take permits for the enhancement of survival for the CBPR in conjunction with the Agreement. These applications have been received from The Nature Conservancy, Mr. Dave Billingsley and Mr. Peter Lancaster (Applicants). Issuance of these permits would authorize incidental take of CBPRs above the existing baseline conditions of enrolled properties that may result from the Applicants' proposed activities. Additional applications are expected in the near future from other non-Federal and non-WDFW landowners and managers who propose to enroll their lands under the Agreement. Future applications received by the Service from other prospective participants to the Agreement will be provided for public review in future notices. In accordance with Service responsibilities pursuant to the National Environmental Policy Act (NEPA), this notice also announces the availability, for public review, of a draft Environmental Assessment (EA) developed in conjunction with the proposed Agreement. We request comments from the public on the proposed Agreement, current permit applications, and the draft EA, all of which are available for public review and comment. To review the documents, see ``Availability of Documents'' in the SUPPLEMENTARY INFORMATION section below.

The following permits were issued.