[Federal Register Volume 79, Number 126 (Tuesday, July 1, 2014)]
[Notices]
[Pages 37340-37342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15428]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R6-ES-2013-N157; FWS-R6-ES-FF06E23000]


Endangered and Threatened Wildlife and Plants; Permits; Safe 
Harbor Agreement and Candidate Conservation Agreement With Assurances 
for the Colorado Pikeminnow, Razorback Sucker, Roundtail Chub, 
Flannelmouth Sucker, and Bluehead Sucker in the Middle Duchesne River 
Watershed, Utah

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of receipt of applications for permit.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from the Associated Water Users of the Duchesne 
and Strawberry Rivers (DSWUA) for an enhancement of survival permit 
(permit) pursuant to the Endangered Species Act of 1973, as amended 
(Act). The permit application includes a proposed Safe Harbor Agreement 
(SHA) for the Colorado pikeminnow and razorback sucker, and a proposed 
Candidate Conservation Agreement with Assurances (CCAA) for the 
roundtail chub, flannelmouth sucker, and bluehead sucker in the middle 
Duchesne River watershed, Utah.

DATES: We must receive comments no later than July 31, 2014.

ADDRESSES: Address all written comments to ``Myton CCAA/SHA Comments,'' 
by mail to Utah Field Office, U.S. Fish and Wildlife Service, 2369 West 
Orton Circle, Suite 50, West Valley City, UT 84119, or by facsimile to 
801-975-3331, or by email to [email protected]. 
Documents can be viewed online at www.fws.gov/utahfieldoffice/myton_ccaa_sha.html.

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. Documents can be viewed online at www.fws.gov/utahfieldoffice/myton_ccaa_sha.html.

[[Page 37341]]


SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from the DSWUA for a permit 
pursuant to section 10(a)(1)(A) of the Act (16 U.S.C. 1531 et seq.) The 
permit application includes a proposed SHA for the Colorado pikeminnow 
(Ptychocheilus lucius) and razorback sucker (Xyrauchen texanus), and a 
proposed Candidate Conservation Agreement with Assurances (CCAA) for 
roundtail chub (Gila robusta), flannelmouth sucker (Catostomus 
latipinnis), and bluehead sucker (Catostomus discobolus) in the middle 
Duchesne River watershed, Utah.
    The purposes of the SHA and the CCAA are for the Service to join 
with the DSWUA, the Utah Division of Wildlife Resources (UDWR), the Ute 
Tribe, and participating non-Federal water users (Participating Water 
Users) to provide instream flows for five listed and sensitive fish 
species, and to construct a fish passage structure at the Myton 
Diversion on the Duchesne River in a manner that is consistent with the 
Service's Policy on Candidate Conservation Agreements with Assurances 
(64 FR 32726), the Service's Policy on Safe Harbor Agreements (64 FR 
32717), and other applicable regulations. This SHA/CCAA has two 
conservation goals. The first is to allow water managed by the 
Department of the Interior to provide instream flows for the covered 
species by bypassing local water users' canals. The second is to 
construct and operate a fish passage structure at the Myton Diversion, 
allowing native fish species to access approximately 38.5 miles of now-
inaccessible habitat. These two goals will increase the quantity and 
quality of habitat for the five listed and sensitive fish species 
within their historic range.
    The SHA/CCAA project area is the wetted areas of the Duchesne River 
between Myton and Knight Diversions, the wetted areas of the Strawberry 
River between the confluence with the Duchesne River and Starvation 
Dam, all wetted tributaries to these two rivers with confluences above 
Myton Diversion and below Starvation Dam or Knight Diversion, and the 
entirety of the canal systems that have intake facilities between the 
Myton diversion, Starvation Dam, and the Knight Diversion.
    We have made a preliminary determination that the proposed SHA/CCAA 
and permit application 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 SHA and CCAA, and the Environmental Action Statement.
    The CCAA portion of this agreement will cover three non-listed 
species of special concern in the State of Utah: The flannelmouth 
sucker, the roundtail chub, and the bluehead sucker. Under a Candidate 
Conservation Agreement with Assurances (CCAA), participating landowners 
voluntarily undertake management activities on their properties 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), 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 (16 U.S.C. 1531 et seq.), 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).
    This proposed CCAA represents a significant milestone in the 
cooperative conservation efforts for native species in the Duchesne 
River 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 
flannelmouth sucker, bluehead sucker, and roundtail 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 have determined that this CCAA meets the 
standard specified in the CCAA policy and regulations.
    The SHA portion of the agreement will cover two federally listed 
species: The Colorado pikeminnow and the razorback sucker. As described 
in our Safe Harbor Agreement Final Policy, we must determine that the 
effect of the proposed voluntary conservation measure for a species 
covered by a SHA would produce a net conservation benefit to the 
species. Net conservation benefits must contribute to the recovery of 
the covered species. This contribution towards recovery may vary and 
may not be permanent. The benefits to the species depend on the nature 
of the conservation measures, the activities to be undertaken, where 
they are undertaken, and their duration. We conclude that this SHA 
meets the SHA standard, because the conservation actions improve 
habitat conditions, support a larger forage base, and provide 
connectivity to new habitat. Specifically, the proposed SHA would 
contribute to the recovery of the Colorado pikeminnow and razorback 
sucker by contributing to Management Action A-1 (Provide flows 
necessary for all life stages of Colorado pikeminnow and razorback 
sucker to support recovered populations) and Management Action A-2 
(Provide passage for Colorado pikeminnow and razorback sucker within 
occupied habitat to allow adequate movement and, potentially, range 
expansion) as described in the ``Colorado Pikeminnow Recovery Goals'' 
and ``Razorback Sucker Recovery Goals.''
    This SHA/CCAA will provide protection and incentives to enrolled 
Participating Water Users to allow DOI water to bypass their canals in 
support of fish habitat and to support federally protected species 
colonizing new habitat in the vicinity of their irrigation canals. 
Given the legal mechanisms concerning water development in the State of 
Utah, conservation flows would not be possible in the Duchesne River 
basin without the cooperation of local water users. The local water 
users, in order to facilitate recovery and avoid further restrictions 
on water development, have agreed to assist in bypassing water 
downstream for use as fish habitat. This SHA/CCAA formalizes a process 
where local water users allow fish conservation water to bypass their 
canal intakes, thus providing higher flows for fish species.
    Secondly, a fish passage structure at the Myton Diversion will 
allow native fish downstream of the Diversion (both listed and 
nonlisted) to access a higher proportion of their native habitat for 
breeding, feeding, and sheltering. Specifically, it will allow native 
fish downstream of the diversion to enter

[[Page 37342]]

into the approximately 38.5 miles of newly accessible habitat. These 
individuals can then reproduce with individuals found upstream 
(facilitating genetic mixing), forage in habitats that are currently 
unavailable to them, and extend their home range to a larger area 
(providing additional habitat in times of stress, satisfying migratory 
needs, and offering rearing and refuge habitat that is largely 
unaffected by certain problematic nonnative species).
    When determining whether to issue the permit, we will consider a 
number of factors and information sources, including biological 
information, any public comments received, and the application 
requirements and issuance criteria for CCAAs and SHAs contained in 50 
CFR part 17.22(d) and part 17.32(d). We will also evaluate whether 
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 we issue the permit. The proposed SHA/
CCAA also provides Participating Water Users 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 SHA/CCAA, without the consent of the 
Participating Water User and the DSWUA.
    We have made a preliminary determination that the proposed SHA/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).
    If you wish to comment on the proposed SHA/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.
    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 
at 40 CFR 1506.6. If we determine that the requirements are met, we 
will sign the both the proposed SHA and the CCAA 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 SHA and the CCAA. 
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.

Authority

    The Service provides this notice under section 10(c) of the Act and 
implementing regulations for NEPA (40 CFR 1506.6; 43 CFR 46).

    Dated: June 23, 2014.
Larry Crist,
Field Supervisor, Utah Ecological Services Field Office, Salt Lake 
City, Utah.
[FR Doc. 2014-15428 Filed 6-30-14; 8:45 am]
BILLING CODE 4310-55-P