[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Notices]
[Pages 43912-43914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17497]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2013-N147; FXES11150200000-134-FF02ENEH00]
Final Candidate Conservation Agreement with Assurances, Final
Environmental Assessment, and Finding of No Significant Impact; Rio
Grande Cutthroat Trout, New Mexico and Colorado
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), make
available the final Candidate Conservation Agreement with Assurances
(CCAA) for the Rio Grande cutthroat trout (Oncorhynchus clarki
virginialis) in New Mexico and Colorado, as well as the final
environmental assessment (EA) and the draft Finding of No Significant
Impact (FONSI) under the National Environmental Policy Act of 1969
(NEPA). Vermejo Park, LLC d/b/a Vermejo Park Ranch applied for an
enhancement of survival permit pursuant to the Endangered Species Act
of 1973, as amended (Act). The permit application included a draft CCAA
between the Service and Vermejo Park Ranch for the Rio Grande cutthroat
trout in Taos County, New Mexico, and Costilla County, Colorado. Our
decision is to authorize the issuance of an enhancement of survival
permit to Vermejo Park Ranch for implementation of the CCAA (Preferred
Alternative described below).
DATES: We will issue a FONSI and make a final permit decision with the
publication of this notice.
ADDRESSES: For where to view documents, see Availability of Documents
in SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Wally Murphy, Field Supervisor, by
U.S. mail at U.S. Fish and Wildlife Service, New Mexico Ecological
Services Field Office, 2105 Osuna Rd NE., Albuquerque, New Mexico,
87113, or by telephone at 505-346-2525.
SUPPLEMENTARY INFORMATION: We announce the availability of the final
CCAA for the Rio Grande cutthroat trout, final EA, and FONSI, which we
developed in compliance with the agency decision-making requirements of
NEPA. All alternatives have been described in detail, evaluated, and
analyzed in our May 2013 final EA and the final CCAA.
Based on our review of the alternatives and their environmental
consequences as described in our final EA, we have selected Alternative
2, the proposed CCAA for the Rio Grande cutthroat trout (Oncorhynchus
clarkii virginalis) in New Mexico and Colorado. The proposed Federal
action is the approval of a CCAA, issuance of a section 10(a)(1)(A)
enhancement of survival permit to Vermejo Park Ranch, and
implementation of the CCAA for the conservation of the Rio Grande
cutthroat trout in New Mexico and Colorado. With the assistance of the
New Mexico Department of Game and Fish, Colorado Division of Parks and
Wildlife, and the Service, Vermejo Park Ranch would implement
conservation measures for the Rio Grande cutthroat trout by restoring
them to historically occupied streams, removing threats to the survival
of the species, and protecting habitat. The CCAA would be in effect for
25 years on lands owned by Vermejo Park Ranch in Taos County, New
Mexico, and Costilla County, Colorado. The CCAA was developed in
support of a section 10(a)(1)(A) enhancement of survival permit.
By fully implementing the CCAA provisions of the enhancement of
survival permit, Vermejo Park Ranch will be provided assurances that,
should the Rio Grande cutthroat trout be listed, the Service will not
require them to provide additional land, water, or financial resources,
nor will there be any further restrictions to their land, water, or
financial resources than those they committed to under the CCAA
provisions. The CCAA provisions are found in the Code of Federal
Regulations (CFR) at 50 CFR 17.22(d) and 17.32(d). Furthermore, if the
Rio Grande cutthroat trout is listed, Vermejo Park Ranch would be
provided incidental take authorization under the enhancement of
survival permit for the level of incidental take on their lands
consistent with the activities under the CCAA provisions. The term of
the CCAA is 25 years from the date the CCAA is signed by Vermejo Park
Ranch and the Service. The permit will become effective on the date of
a final rule that lists the Rio Grande cutthroat trout as threatened or
endangered and will continue through the end of the CCAA term.
Background
The Rio Grande cutthroat trout is native to the Rio Grande, Pecos
River, and Canadian River basins in New Mexico and Colorado. It is the
southernmost subspecies of cutthroat trout. Because of nonnative
species introductions, Rio Grande cutthroat trout are now restricted to
streams that are narrow and small compared to the larger streams they
once occupied; these populations occupy approximately 10 percent of
historical habitat. Rio Grande cutthroat trout face a variety of
imminent threats, including fragmentation, isolation, small population
size, presence of nonnative trout, whirling disease, fire, drought, and
the effects of climate change. Because of the range contraction and the
imminent threats, the Rio Grande cutthroat trout became a candidate
species on May 14, 2008 (73 FR 27900), indicating that listing of the
Rio Grande cutthroat trout was warranted but precluded by higher
priority actions. The species was given a listing priority number of 9,
indicating a subspecies facing imminent threats of moderate to low
magnitude.
Currently, cooperative efforts are in place to restore this
subspecies to the Rio Costilla watershed, where much of the habitat for
Rio Grande cutthroat trout exists on private land. The CCAA was
initiated in order to facilitate conservation and restoration of the
Rio Grande cutthroat trout on private lands in New Mexico and Colorado.
Expected conservation benefits for the Rio Grande cutthroat trout from
implementation of the conservation measures in this CCAA will be
recognized through additional connected populations being maintained
over time.
Furthermore, Rio Grande cutthroat trout conservation will be
enhanced by with regulatory assurances for the participating property
owner. There will be a measure of security for the participating
landowner in the knowledge that they will incur no additional land use
restrictions if the species is listed under the Act.
Vermejo Park Ranch requests issuance of the enhancement of survival
permit in order to address the take prohibitions of section 9 of the
Act should the species become listed in the future. The permit would
authorize incidental take associated with implementation of
conservation commitments and measures described in the CCAA and
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existing land uses on Vermejo Park Ranch.
The Secretary of the Interior has delegated to the Service the
authority to approve or deny a section (10)(a)(1)(A) permit in
accordance with the Act. To act on Vermejo Park Ranch's permit
application, we must determine that the CCAA meets the issuance
criteria specified in the Act and at 50 CFR 17.22 and 17.32. The
issuance of a section (10)(a)(1)(A) permit is a Federal action subject
to NEPA compliance, including the Council on Environmental Quality
Regulations for Implementing the Procedural Provisions of NEPA (40 CFR
1500-1508). The draft CCAA and application for the enhancement of
survival permit were not eligible for categorical exclusion under NEPA.
On January 25, 2013 (78 FR 5480), we issued a draft EA and
requested public comment on our evaluation of the potential impacts
associated with issuance of a permit for implementation of the CCAA and
to evaluate alternatives, along with the draft CCAA. We received no
public comments.
Purpose and Need
The purpose of the CCAA is to conserve the ecosystems depended upon
by the Rio Grande cutthroat trout in such a way as to potentially
preclude the need to list this species under the Act. This purpose,
under the CCAA, would be accomplished through the voluntary involvement
of Vermejo Park Ranch, who is willing to protect, maintain, enhance,
and develop the habitats necessary for the survival and conservation of
Rio Grande cutthroat trout on their lands. The purpose of the permit is
to provide assurances to Vermejo Park Ranch that no additional
conservation measures would be required beyond those specified in the
CCAA should the species become listed in the future, as long as Vermejo
Park Ranch implements and maintains the conservation measures specified
in the CCAA in good faith through the duration of the CCAA and
associated permit. Should listing of the Rio Grande cutthroat trout
occur, the permit would authorize incidental take associated with
implementation of conservation commitments and measures described in
the CCAA, as well as existing land uses and other covered activities on
Vermejo Park Ranch.
The CCAA and permit are needed to protect and conserve the Rio
Grande cutthroat trout through reducing threats that this species faces
while providing a mechanism to authorize incidental take of the Rio
Grande cutthroat trout, should it be listed pursuant to the Act, for
Vermejo Park Ranch.
The Service identified key issues and relevant factors through
public scoping and working with other agencies and groups. We received
no comments during the public comment period. No new significant issues
arose following publication of the draft documents.
Alternatives
Alternative 1 (No Action): In the No Action Alternative, the
Service would not approve the draft CCAA nor issue the associated
section 10(a)(1)(A) enhancement of survival permit. Therefore, a
programmatic effort to reduce threats through providing regulatory
assurances to Vermejo Park Ranch through a section 10(a)(1)(A) permit
of the Act and its implementing regulations, policy, and guidance for
CCAAs would not be available. Individual actions and smaller efforts
could be undertaken, but the major incentive for Vermejo Park Ranch to
conserve a candidate species such as the Rio Grande cutthroat trout
would not be in place. The No Action alternative provides the baseline
for comparing the environmental effects of the preferred alternative.
Alternative 2 (Preferred Alternative): Our selected alternative is
the approval and implementation of a CCAA between the Service and
Vermejo Park Ranch; this preferred alternative, as described in the
final EA, provides for the issuance of a permit pursuant to section
10(a)(1)(A) of the Act to Vermejo Park Ranch for incidental take that
is anticipated to occur as a result of implementing the CCAA as
proposed. The preferred alternative will provide Vermejo Park Ranch,
who has voluntarily agreed to implement conservation measures to
restore and maintain suitable habitat for Rio Grande cutthroat trout on
their property, regulatory assurances that their conservation efforts
will not result in future regulatory obligations in excess of those
they agree to at the time they enter into the CCAA. The CCAA
conservation actions to be implemented or maintained are intended to
conserve and restore Rio Grande cutthroat trout and their habitat so
that sustainable population levels may be maintained. Implementation of
these actions is also intended to reduce any unfavorable impacts to Rio
Grande cutthroat trout arising from the management and utilization of
the enrolled lands, which are expected to be minimal. This alternative
includes implementation of conservation measures to avoid and minimize
the potential incidental take of Rio Grande cutthroat trout to the
maximum extent practicable.
Decision
We intend to issue an enhancement of survival permit allowing
Vermejo Park Ranch to implement the preferred alternative (Alternative
2), as it is described in the final CCAA and EA. Our decision is based
on a thorough review of the alternatives and their environmental
consequences. Implementation of this decision entails the issuance of
the permit, including all terms and conditions governing the permit.
Implementation of this decision requires that Vermejo Park Ranch adhere
to the conservation measures specified in the CCAA in good faith
through the duration of the CCAA and permit.
Rationale for Decision
We have selected the preferred alternative (Alternative 2) for
implementation based on multiple environmental and social factors,
including potential impacts to the Rio Grande cutthroat trout, the
benefits to the Rio Grande cutthroat trout that are expected to be
achieved through implementation of conservation actions and measures
contained in the CCAA, and social and economic considerations. We did
not choose the No Action Alternative because under this alternative, a
programmatic effort to reduce threats to the Rio Grande cutthroat trout
by providing regulatory assurances to Vermejo Park Ranch through a
section 10(a)(1)(A) permit of the Act and its implementing regulations,
policy, and guidance for CCAAs would not be available. Individual
actions and smaller efforts could be undertaken, but the major
incentive for landowners to conserve a candidate species such as the
Rio Grande cutthroat trout would not be in place, and these smaller
efforts would be incapable of providing comprehensive or comparable net
benefits as compared to those under the preferred alternative.
In order for us to issue a permit, we must ascertain that the CCAA
meets the issuance criteria set forth in 16 U.S.C. 1539(a)(2)(A) and
(B). In addition, we must determine that the applicant has met all
issuance criteria for the permit contained in 50 CFR 17.22(d)(1) and
17.32(d)(1). We have made our determination based on the criteria
summarized below:
1. The taking will be incidental. We find that the take of Rio
Grande cutthroat trout would be incidental to otherwise lawful
activities. Vermejo Park Ranch will implement the CCAA, which includes
implementation of conservation commitments and
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measures on their lands as described in the CCAA. Incidental take
authorized under the permit would be in the form of harassment, harm,
and mortality associated with conservation and monitoring activities
necessary to implement the CCAA.
2. The CCAA complies with the requirements of the CCAA policy.
Vermejo Park Ranch has developed the CCAA and permit application
pursuant to the requirements in the implementing regulations and the
issuance criteria for a permit. Conservation benefits for the Rio
Grande cutthroat trout from implementation of the CCAA are expected in
the form of avoidance of negative impacts; reduction of threats; and
conservation, enhancement, and restoration of populations and habitat
intended to establish and maintain viable populations of Rio Grande
cutthroat trout in Taos County, New Mexico, and Costilla County,
Colorado. Also, this CCAA may be used as a model for CCAAs in other
parts of the Rio Grande cutthroat trout's range to encourage
cooperative management and conservation.
3. The probable direct and indirect effects of any authorized take
will not appreciably reduce the likelihood of the survival and recovery
in the wild of any species. The Act's legislative history establishes
the intent of Congress that this issuance criteria be identical to a
regulatory finding of no ``jeopardy'' under section 7(a)(2) of the Act.
As a result, issuance of this section 10(a)(1)(A) permit was reviewed
by the Service according to provisions of section 7 of the Act. In the
Intra-Service Section 7 Conference Opinion, the Service concluded that
issuance of a permit will not jeopardize the continued existence of the
Rio Grande cutthroat trout or any other species. The taking associated
with the implementation of the CCAA will be incidental to efforts
associated conservation actions for Rio Grande cutthroat trout in their
historic range and gathering important biological information necessary
to continue conservation efforts for the species.
4. Implementation of the terms of the CCAA is consistent with
applicable Federal, State, and Tribal laws and regulations. The Service
is unaware of any law or regulation that would prevent the
implementation of the CCAA and the accompanying permit. The permit will
include conditions that revoke the take provisions of the permit if any
applicable State, Federal, or tribal law or regulation is broken.
5. Implementation of the terms of the CCAA will not be in conflict
with any ongoing conservation programs for species covered by the
permit. The CCAA in New Mexico and Colorado for the Rio Grande
cutthroat trout furthers ongoing conservation activities for the
species' conservation and is essential in developing additional
conservation agreements within the historic range of the Rio Grande
cutthroat trout. The Service is a participant on the Rio Grande
Cutthroat Trout Conservation Team, which is a consortium of agencies
that has been working together to conserve, restore, and enhance Rio
Grande cutthroat populations rangewide. This combined State, Federal,
Tribal, and private effort should provide conservation incentives and
result in greater success in reducing threats and stabilizing the
status of Rio Grande cutthroat trout.
6. The Applicant has shown capability for and commitment to
implementing all of the terms of the CCAA. Vermejo Park Ranch has shown
the ability to administer the CCAA and work effectively with
cooperators to implement conservation commitments in the CCAA. The
funding for implementation will come from several sources and is
already in place. Vermejo Park Ranch will also have assistance from the
Service, New Mexico Department of Game and Fish, and Colorado Division
of Parks and Wildlife in determining the conservation priorities. Based
on conservation measures described in the CCAA, the Service does not
expect any circumstances to occur that would preclude Vermejo Park
Ranch's funding and implementation of the CCAA.
Section 9 of the Act and its implementing regulations prohibit the
``taking'' of threatened or endangered species. However, under limited
circumstances, we may issue permits to take listed wildlife species
incidental to, and not for the purpose of, otherwise lawful activities.
Availability of Documents
Electronic copies of the final CCAA and final EA will be available
on the Service's New Mexico Ecological Services Field Office Web site,
http://www.fws.gov/southwest/es/NewMexico/VRCCAA.cfm. Alternatively,
you may obtain CD-ROMs with electronic copies of these documents by
writing to Mr. Wally Murphy, Field Supervisor, U.S. Fish and Wildlife
Service, 2105 Osuna Rd NE., Albuquerque, NM 87113; calling 505-346-
2525; or faxing 505-346-2542. The final CCAA and final EA also are
available for public inspection, by appointment only, during normal
business hours (8 a.m. to 4:30 p.m.) at the Albuquerque address listed
above.
Persons wishing to review the application or FONSI may obtain a
copy by writing to the Regional Director, U.S. Fish and Wildlife
Service, P.O. Box 1306, Room 6034, Albuquerque, NM 87103.
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 NEPA
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR
1506.6).
Dated: June 21, 2013.
Joy E. Nicholopoulos,
Acting Regional Director, Southwest Region, Fish and Wildlife Service.
[FR Doc. 2013-17497 Filed 7-19-13; 8:45 am]
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