[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Notices]
[Pages 65153-65154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29354]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2009-N245; 81440-1113-0000-F3]


Proposed Safe Harbor Agreement for California Red-Legged Frog, 
Least Bell's Vireo, and Southwestern Willow Flycatcher, on Lands Owned 
or Managed or Both by the Ojai Valley Land Conservancy Within the 
Ventura River Watershed, Ventura County, CA

AGENCY: U.S. Fish and Wildlife Service, Interior.

ACTION: Notice of availability; receipt of application and proposed 
safe harbor agreement.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application for an enhancement of survival permit for the 
federally threatened California red-legged frog (Rana aurora draytonii) 
and federally endangered least Bell's vireo (Vireo bellii pusillus) and 
southwestern willow flycatcher (Empidonax traillii extimus) under the 
Endangered Species Act of 1973, as amended (Act), from the Ojai Valley 
Land Conservancy (Applicant). This permit application includes a 
proposed safe harbor agreement (Agreement) between the Applicant and 
the Service. The Agreement and permit application are available for 
public comment.

DATES: In order to ensure we are able to consider your comments, send 
them to us on or before January 8, 2010.

ADDRESSES: Use one of the following methods to send us your comments.
     Mail your comments to: Field Supervisor; U.S. Fish and 
Wildlife Service; Ventura Fish and Wildlife Office; 2493 Portola Road, 
Suite B; Ventura, CA 93003.
     Fax your comments to: (805) 644-3958.
     E-mail your comments to: [email protected].

FOR FURTHER INFORMATION CONTACT: Eric Morrissette, Safe Harbor 
Coordinator, Ventura Fish and Wildlife Office (see ADDRESSES), 
telephone (805) 644-1766.

SUPPLEMENTARY INFORMATION:

Availability of Documents

    You may obtain copies of the documents for review by contacting the 
individual named in the FOR FURTHER INFORMATION CONTACT section. You 
also may make an appointment to view the documents at the Ventura Fish 
and Wildlife Office (see ADDRESSES) during normal business hours.

Public Availability of Comments

    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.

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 permits that 
are issued under section 10(a)(1)(A) of the 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 land use restrictions as a result of efforts to 
attract or increase the numbers or distribution of a listed species on 
their property. Application requirements and issuance criteria for 
permits through safe harbor agreements are found in 50 CFR 17.22(c).
    We have worked with the Applicant to develop this proposed 
Agreement for the conservation of the California red-legged frog, least 
Bell's vireo, and southwestern willow flycatcher on the properties 
subject to the Agreement (Enrolled Properties), which are owned or 
managed by the Applicant. The Enrolled Properties include: (1) The 
Ventura River--Rancho El Nido Preserve, (2) the Ojai Meadows Preserve, 
(3) the Ventura River--Confluence Preserve, and (4) the San Antonio 
Creek Preserve, all in Ventura County, California. Within the 1,687 
acres of land within the Enrolled Properties, habitat for the 
California red-legged frog, least Bell's vireo, and southwestern willow 
flycatcher will be restored, enhanced, and managed under a written 
agreement between the Applicant and Service. We expect that the 
activities proposed in the Agreement will result in an increase in 
suitable habitat for these species and provide for their increase in 
number and expansion into additional areas that are currently not 
occupied, thus resulting in a net conservation benefit for the three 
species.
    This Agreement provides for the restoration, enhancement, and 
management of aquatic, riparian, and upland habitat suitable for the 
California red-legged frog, least Bell's vireo, and southwestern willow 
flycatcher on the Enrolled Properties. The proposed duration of the 
Agreement is 30 years, and the proposed term of the enhancement of 
survival permit is 30 years. The Agreement fully describes the proposed 
management activities to be undertaken by the Applicant and the net 
conservation benefits expected to be gained for the California red-
legged frog, least Bell's vireo, and southwestern willow flycatcher.
    Upon approval of this Agreement, and consistent with the Service's 
Safe Harbor Policy published in the Federal Register on June 17, 1999 
(64 FR 32717), the Service would issue a permit to the Applicant 
authorizing take of the California red-legged frog, the least Bell's 
vireo, and the southwestern willow flycatcher incidental to the 
implementation of the management activities specified in the Agreement; 
incidental to other lawful uses of the Enrolled Properties, including 
normal, routine land management activities; and incidental to the 
return to pre-Agreement conditions (baseline).
    Management activities included in the Agreement will provide for 
the restoration, enhancement, and

[[Page 65154]]

management of native riparian habitats within the Enrolled Properties. 
The objective of such activities is to enhance populations of 
California red-legged frogs, least Bell's vireos, and southwestern 
willow flycatchers by increasing the amount and quality of suitable 
habitat on the Enrolled Properties. Take of California red-legged 
frogs, least Bell's vireos, and southwestern willow flycatchers 
incidental to the aforementioned activities is unlikely; however, it is 
possible that in the course of such activities or other lawful 
activities on the enrolled property, the Applicant could incidentally 
take California red-legged frog, least Bell's vireo, and southwestern 
willow flycatcher, thereby necessitating take authority under the 
permit.
    Pre-Agreement conditions (baseline) have been determined for each 
enrolled property based on the occurrence of California red-legged 
frog, least Bell's vireo, and southwestern willow flycatcher and the 
extent of suitable habitat as provided in the Agreement. The Applicant 
must maintain baseline on an enrolled property in order to receive 
coverage regarding incidental take of California red-legged frogs, 
least Bell's vireos, and southwestern willow flycatchers. The Agreement 
and requested permit would allow the Applicant to return to baseline 
conditions after the end of the term of the Agreement and prior to the 
expiration of the 30-year permit, if so desired by the Applicant.

Public Review and Comments

    The Service has made a preliminary determination that the proposed 
Agreement and permit application are eligible for categorical exclusion 
under the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 
4321 et seq.). We explain the basis for this determination in an 
Environmental Action Statement, which also is available for public 
review.
    Individuals wishing copies of the permit application, copies of our 
draft Environmental Action Statement, and copies of the Agreement, 
including a map of the proposed permit area, should contact the Ventura 
Fish and Wildlife Office (see ADDRESSES).
    If you wish to comment on the permit application or the Agreement, 
you may submit your comments to the address listed in the ADDRESSES 
section of this document. Comments and materials received, including 
names and addresses of respondents, will be available for public 
review, by appointment, during normal business hours at the address in 
the ADDRESSES section above and will become part of the public record, 
under section 10(c) of the Act. Individual respondents may request that 
we withhold their home address from the record, which we will honor to 
the extent allowable by law. There also may be circumstances in which 
we would withhold from the record a respondent's identity, as allowable 
by law. If you wish us to withhold your name or address or both, you 
must state this prominently at the beginning of your comment. All 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, are available for public inspection in their entirety.
    We will evaluate this permit application, associated documents, and 
comments we receive 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 California red-
legged frog, the least Bell's vireo, and the southwestern willow 
flycatcher 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 we receive during the comment period.
    The Service provides this notice under section 10(c) of the Act and 
under implementing regulations for NEPA (40 CFR 1506.6).

    Dated: December 2, 2009.
Diane K. Noda,
Field Supervisor, Ventura Fish and Wildlife Office.
[FR Doc. E9-29354 Filed 12-8-09; 8:45 am]
BILLING CODE 4310-55-P