[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Notices]
[Pages 41704-41705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16827]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2014-N066; FXES11130800000-145-FF08EVEN00]


Proposed Safe Harbor Agreement With the Bishop Paiute Tribe for 
Owens Pupfish, Inyo County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; receipt of permit application.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received, from the Bishop Paiute Tribe (applicant), an application for 
an enhancement of survival permit for the federally endangered Owens 
pupfish, under the Endangered Species Act of 1973, as amended (Act). 
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: To ensure we are able to consider your comments, please send 
them to us by August 18, 2014.

ADDRESSES: The documents are available on our Web site: http://www.fws.gov/ventura. A limited number of printed copies are available 
by request. You may request the documents or submit comments by any of 
the following methods.
     Email: [email protected]. Include ``Bishop 
Paiute Tribe SHA'' in the subject line of the message.
     U.S. Mail: Field Supervisor; U.S. Fish and Wildlife 
Service; Ventura Fish and Wildlife Office; 2493 Portola Road, Suite B; 
Ventura, CA 93003.
     Fax: Attn: Field Supervisor, (805) 644-3958.

FOR FURTHER INFORMATION CONTACT: Eric Morrissette, Safe Harbor 
Coordinator, Ventura Fish and Wildlife Office at the address above or 
by telephone at (805) 644-1766.

SUPPLEMENTARY INFORMATION: We have received an application for an 
enhancement of survival permit for the federally endangered Owens 
pupfish (Cyprinodon radiosus) under the Act. 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.

Availability of Documents

    You may obtain copies of the documents for review by using one of 
the methods in ADDRESSES, or 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.

Background

    Under a safe harbor agreement, participating landowners voluntarily 
undertake management activities on their property to benefit 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) and 1732(c).
    We have worked with the applicant to develop this proposed 
agreement for the conservation of the Owens pupfish on the property 
subject to the agreement (enrolled property), which is Tribal Trust 
Land held in trust for the Tribe by the United States and managed by 
the applicant. The enrolled property is the Bishop Paiute Reservation 
in Inyo County, California, which occurs within the historic range of 
the Owens pupfish. Within the 875 acres of land comprising the enrolled 
property, a pond in the 24.8-acre Conservation Open Space Area contains 
suitable habitat for the Owens pupfish. The Owens pupfish will be 
translocated into its suitable habitat at the enrolled property 
according to a written agreement between the applicant and Service. 
Under this written agreement, the existing habitat for Owens pupfish 
will be managed for the species, and additional habitat for the species 
may be created in the future. We expect that the activities proposed in 
the agreement will result in the establishment of the Owens pupfish in 
suitable habitat that will be maintained and remain relatively 
undisturbed, thus resulting in a net conservation benefit for the 
species.
    The agreement provides for the translocation and establishment of 
the Owens pupfish at the enrolled property, and the management of its 
suitable habitat. The proposed duration of the agreement and term of 
the enhancement of survival permit is 10 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 Owens pupfish.
    Upon approval of this agreement and satisfactory completion of all 
other applicable legal requirements, 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 Owens pupfish 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 incidental to the return to pre-
agreement conditions (baseline).
    Management activities included in the agreement will provide for 
the translocation and establishment of the Owens pupfish and management 
of its habitat within the enrolled property. The objective of such 
activities is to establish a self-sustaining population of Owens 
pupfish within its historic range in the suitable habitat at the 
enrolled property. Take of Owens pupfish in the form of capture would 
occur during translocation activities, thereby necessitating take 
authority under the permit. Take incidental to activities associated 
with the management of Owens pupfish habitat 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 individuals of Owens pupfish, thereby necessitating take authority 
under the permit.
    Baseline conditions at the enrolled property, as described in the 
agreement, have been established consisting of two elements, the 
current area of suitable habitat for Owens pupfish and the elevated 
presence of a population of Owens pupfish. Under the agreement, an 
elevated baseline for the population of Owens pupfish means that, in 
anticipation that translocation and establishment of the Owens pupfish 
is successful, the population of Owens pupfish would remain at the 
enrolled property at the end of the agreement term where there 
currently is no population of Owens pupfish and under other 
circumstances the baseline for the species presence could be zero. The

[[Page 41705]]

elevated baseline has been established to aid in reaching recovery 
objectives for the Owens pupfish with the intent to create and maintain 
a self-sustaining population of the Owens pupfish at the enrolled 
property. The applicant must maintain baseline on the enrolled property 
in order to receive coverage regarding incidental take of Owens 
pupfish. The agreement and requested permit would allow the applicant 
to return the enrolled property to baseline conditions for habitat, and 
to the elevated baseline for the Owens pupfish population, after the 
end of the term of the agreement and prior to the expiration of the 10-
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 one of the addresses 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.
    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 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 Owens pupfish 
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).

Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office.
[FR Doc. 2014-16827 Filed 7-16-14; 8:45 am]
BILLING CODE 4310-55-P