[Federal Register: March 9, 2009 (Volume 74, Number 44)]
[Notices]
[Page 10065-10066]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr09-72]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2009-N0017; 81420-1113-0000-F3]
Safe Harbor Agreement for East Bay Municipal Utility District
Lands in San Joaquin, Amador, and Calaveras Counties, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; receipt of application and proposed
safe harbor agreement.
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SUMMARY: This notice advises the public that East Bay Municipal Utility
District (applicant) has applied to the U.S. Fish and Wildlife Service
(Service) for a Safe Harbor Agreement (Agreement) for three Federally
threatened species: Valley elderberry longhorn beetle (Desmocerus
californicus dimorphus), California red-legged frog (Rana aurora
draytonii), and California tiger salamander (Ambystoma californiense).
The Agreement is available for public comment.
DATES: Written comments should be received on or before April 8, 2009.
ADDRESSES: Comments should be addressed to Mr. Rick Kuyper, U.S. Fish
and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage
Way, W-2605, Sacramento, CA 95825. Written comments may also be sent by
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:
Availability of Documents
You may obtain copies of the documents for review by contacting the
individual named above. You may also make an appointment to view the
documents 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 permit that is issued pursuant to Section 10(a)(1)(A) of
the Endangered Species Act of 1973, as amended (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 the Code
of Federal Regulations (CFR) at 50 CFR 17.22(c).
We have worked with the applicant to develop the proposed Agreement
for the conservation of the valley elderberry longhorn beetle, the
California red-legged frog, and the California tiger salamander on
lands owned and managed by the applicant (Enrolled Property) in San
Joaquin, Amador, and Calaveras Counties, California. The 28,000-acre
Enrolled Property subject to this Agreement consists of about 19,115
acres of land and 9,034 acres of water surface. The Enrolled Property
borders and includes Camanche and Pardee dams and reservoirs. It also
includes the lands adjacent to the lower Mokelumne River for
approximately \1/2\ mile below Camanche Dam. Current and recent land
use practices on the enrolled property include management for water
supply, flood control, grazing, aquaculture, hydroelectric power,
wastewater treatment, facility maintenance, residential use, and
recreation. The applicant has proposed that the Agreement provide
authorized incidental take of the three Federally listed species for
the activities specified above, as well as for any future activities
associated with raising the heights of any existing dams.
In order to benefit the valley elderberry longhorn beetle, the
California red-legged frog, and the California tiger salamander for the
duration of this Agreement, the applicant proposes to create, restore,
manage, and maintain suitable breeding and dispersal habitat for the
three Federally listed species on the Enrolled Property. We expect that
the proposed activities will result in an increase in dispersal
opportunities throughout the Enrolled Property, thus resulting in a net
conservation benefit for the three Federally listed species. The
Enrolled Property has known occurrences of the valley elderberry
longhorn beetle and the California tiger salamander. Although
California red-legged frogs have not been detected within the Enrolled
Property, there is suitable breeding habitat throughout the Enrolled
Property, and there is a known occurrence of this species on privately
owned property adjacent to the enrolled property. The Agreement
includes a monitoring component that will aid the applicant in
developing management strategies that will ensure the successful
creation, restoration, enhancement, and management of breeding and
dispersal habitat for the three Federally listed species.
The proposed duration of the Agreement and the enhancement of
survival permit is 30 years. When fully implemented, the Agreement and
requested enhancement of survival permit will allow the applicant to
return to baseline after the end of the 30-year term of the Agreement
and prior to the expiration of the 30-year permit, if so desired by the
applicant. The Agreement fully describes the management activities to
be undertaken by the applicant, and the net conservation benefits
expected to the three Federally listed species.
Upon approval of this Agreement, and consistent with the our Safe
Harbor Policy published in the Federal Register on June 17, 1999 (64 FR
32717), we would issue a permit to the applicant authorizing take of
the valley elderberry longhorn beetle, the California red-legged frog,
and the California tiger salamander incidental to the implementation of
the management activities specified in the Agreement, incidental to
other lawful uses of the Enrolled Property including normal, routine
land management activities, and to return to pre-Agreement conditions
(baseline).
Public Review and Comments
We have made a preliminary determination that the proposed
Agreement and permit application are eligible for categorical exclusion
under the National Environmental Policy Act
[[Page 10066]]
of 1969 (NEPA). We explain the basis for this determination in an
Environmental Action Statement that is also available for public
review.
Individuals wishing copies of our Environmental Action Statement,
and/or copies of the full text of 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, e-mail 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.
We 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 NEPA
regulations. If we determine that the requirements are met, we will
sign the proposed Agreement and issue an enhancement of survival permit
under section 10(a)(1)(A) of the Act to the applicant for take of the
valley elderberry longhorn beetle, the California red-legged frog, and
the California tiger salamander incidental to otherwise lawful
activities in accordance with the terms of the Agreement. We 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.
We provide this notice pursuant to section 10(c) of the Act and
pursuant to implementing regulations for NEPA (40 CFR 1506.6).
Dated: March 2, 2009.
Susan K. Moore,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento,
California.
[FR Doc. E9-4944 Filed 3-6-09; 8:45 am]
BILLING CODE 4310-55-P