[Federal Register Volume 78, Number 237 (Tuesday, December 10, 2013)]
[Notices]
[Pages 74159-74160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29463]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R6-ES-2013-N197; FXES11110600000 FUND 145]


Programmatic Candidate Conservation Agreement With Assurances for 
Least Chub Receipt of Application for Enhancement of Survival Permit

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; receipt of application.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from the Utah Division of Wildlife Resources 
(UDWR) for an enhancement of survival permit (permit) under the 
Endangered Species Act of 1973, as amended (Act). The permit 
application includes a proposed programmatic Candidate Conservation 
Agreement with Assurances (CCAA) for the least chub, a fish endemic to 
the Bonneville Basin of Utah. We have made a preliminary determination 
that the proposed CCAA and permit issuance are eligible for categorical 
exclusion under the National Environmental Policy Act of 1969 (NEPA). 
The basis for our preliminary determination is contained in an 
Environmental Action Statement. We are accepting comments on the permit 
application, the proposed CCAA, and the Environmental Action Statement.

DATES: We must receive comments no later than January 9, 2014.

ADDRESSES: Address all written comments to Larry Crist, by U.S. mail at 
the Utah Field Office, U.S. Fish and Wildlife Service, 2369 West Orton 
Circle, Suite 50, West Valley City, UT 84119; by facsimile at 801-975-
3331; or by email to [email protected].

FOR FURTHER INFORMATION CONTACT: Larry Crist, Utah Field Office 
Supervisor, at 801-975-3330. If you use a telecommunications device for 
the deaf, you may call the Federal Information Relay Service at 800-
877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from the Utah Division of 
Wildlife Resources (UDWR) for an enhancement of survival permit 
(permit) under the Endangered Species Act of 1973, as amended (Act; 16 
U.S.C. 1531 et seq.).
    The permit application includes a proposed programmatic Candidate 
Conservation Agreement with Assurances (CCAA) for the least chub 
(Iotichthys phlegethontis). We have made a preliminary determination 
that the proposed CCAA and permit application are eligible for 
categorical exclusion under the National Environmental Policy Act of 
1969 (NEPA; 42 U.S.C. 4321 et seq.). The basis for our preliminary 
determination is contained in an Environmental Action Statement. We are 
accepting comments on the permit application, the proposed CCAA, and 
the Environmental Action Statement.

Candidate Conservation Agreements With Assurances (CCAA)

    Under a Candidate Conservation Agreement with Assurances (CCAA), 
participating landowners voluntarily undertake management activities on 
their property to enhance, restore, or maintain habitat benefiting 
species that are proposed for listing or candidates for listing under 
the Endangered Species Act of 1973, as amended (the Act; 16 U.S.C. 1531 
et seq.), or those species that may become candidates. Candidate 
Conservation Agreements with Assurances, and the subsequent permits 
that are issued pursuant to section 10(a)(1)(A) of the Act, encourage 
private and other non-Federal property owners to implement conservation 
efforts for 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, if that species becomes listed under the Act in the 
future. Candidate Conservation Agreement with Assurances permit 
application requirements and issuance criteria are found in 50 CFR 
17.22(d) and 17.32(d).

About This Proposed CCAA

    The purpose of this CCAA is for the Service to partner with the 
UDWR and participating non-Federal property owners (Participants) to 
implement conservation measures for least chub in a manner that is 
consistent with our Policy on CCAAs (June 17, 1999; 64 FR 32726) and 
applicable regulations. The conservation goal of this CCAA is to reduce 
the threats to least chub and its habitat and increase the number of 
viable, stable, and secure least chub populations within the species' 
historic range. The CCAA project area includes all non-Federal lands in 
the Bonneville Basin of Utah encompassed by the current and historic 
distribution of least chub, including potentially suitable habitats 
within the following Utah counties: Beaver, Box Elder, Cache, Davis, 
Garfield, Iron, Juab, Kane, Millard, Morgan, Piute, Rich, Salt Lake, 
Sanpete, Sevier, Summit, Tooele, Utah,

[[Page 74160]]

Weber, Wasatch, and Washington. However, the CCAA is programmatic, and, 
as such, we cannot identify site-specific project locations at this 
time.
    This proposed CCAA represents a significant milestone in the 
cooperative conservation efforts for least chub and is consistent with 
section 2(a)(5) of the Act, which encourages creative partnerships 
among public, private, and government entities to conserve imperiled 
species and their habitats. As identified in our CCAA Final Policy (64 
FR 32726), and regulations at 50 CFR 17.22, to enter into a CCAA and 
issue a permit and assurances, we must determine that the conservation 
measures and expected benefits, when combined with those benefits that 
would be achieved if it is assumed that similar conservation measures 
were also implemented on other necessary properties, would preclude or 
remove the need to list least chub. Consistent with the CCAA policy, 
meeting the CCAA standard does not depend on the number of acres 
enrolled, and adoption of the CCAA and enrollment of property owners 
does not guarantee that listing will be unnecessary. Through a separate 
finding, we will determine whether this CCAA meets the standard 
specified in the CCAA policy and regulations.
    Non-Federal land makes up a large proportion of the land within the 
historic range of least chub. While we currently have willing voluntary 
non-Federal landowners interested in least chub conservation, there is 
not a federally recognized document providing regulatory assurances for 
these landowners in the case that least chub becomes federally listed 
under ESA. The proposed CCAA will provide protection and incentive to 
these property owners and will likely encourage additional property 
owners to consider conservation actions for least chub on their 
properties. The greater the number we have of willing participants in 
least chub conservation, the greater the likelihood that we are able to 
achieve our conservation goals for least chub.
    Least chub conservation will be enhanced by providing ESA 
regulatory assurances for participating property owners. Participating 
property owners will have assurances that, if the species is listed 
under the ESA in the future, we would not impose additional commitments 
or land use restrictions as long as the CCAA is properly implemented. 
Enrollment of property owners under this CCAA will provide an 
additional pathway to achieve the conservation goal of establishing two 
or more refuge populations representing each wild population.

Determining Whether To Issue the Permit

    When determining whether to issue the permit, we will consider a 
number of factors and information sources, including the project's 
administrative record, any public comments received, and the 
application requirements and issuance criteria for CCAAs contained in 
50 CFR 17.22(d) and 17.32(d). We will also evaluate whether the 
issuance of the permit complies with section 7 of the Act by conducting 
an intra-Service consultation. The results of this consultation, in 
combination with the above findings, regulations, and public comments, 
will determine whether or not to issue the permit. The proposed CCAA 
also provides Participants with regulatory assurances that, in the 
event of unforeseen circumstances, we would not require additional 
conservation measures or the commitment of additional land, water, or 
resource use restrictions beyond the level obligated in the proposed 
CCAA, without the consent of the Participant and the UDWR.
    We have made a preliminary determination that the proposed CCAA and 
permit issuance are eligible for categorical exclusion under NEPA. The 
basis for this determination is the Environmental Action Statement, 
which is available for public review (see ADDRESSES).

Public Availability of Comments

    If you wish to comment on the proposed CCAA and associated 
documents, you may submit your comments to the Service (see ADDRESSES). 
Before including your address, phone number, email 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.

Next Steps

    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 (40 CFR 
1506.6). When we determine that the requirements are met, we will sign 
the proposed Agreement and issue a permit under section 10(a)(1)(A) of 
the Act to the Applicants for take of the covered species 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; we will fully 
consider all comments received during the comment period.

    Authority: The Service provides this notice under section 10(c) 
of the Act and implementing regulations for NEPA (40 CFR 1506.6).

    Dated: November 18, 2013.
Larry Crist,
Field Supervisor, Salt Lake City, Utah.
[FR Doc. 2013-29463 Filed 12-9-13; 8:45 am]
BILLING CODE 4310-55-P