[Federal Register Volume 80, Number 22 (Tuesday, February 3, 2015)]
[Notices]
[Pages 5775-5776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01969]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2014-N256; FXES11130800000-156-FF08EVEN00]


Proposed Safe Harbor Agreement for Smith's Blue Butterfly and 
California Red-Legged Frog at Garrapata State Park, Monterey 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 California Department of Parks and Recreation, 
Monterey District (applicant), an application for an enhancement of 
survival permit for the federally endangered Smith's blue butterfly and 
threatened California red-legged frog 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 March 5, 2015.

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 documents or submit comments by any of the 
following methods.
     Email: [email protected]. Include ``Garrapata State 
Park 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, Senior Biologist, 
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 Smith's 
blue butterfly (Euphilotes enoptes smithi) and threatened California 
red-legged frog (Rana draytonii) 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 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

[[Page 5776]]

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 50 CFR 17.32(c).
    We have worked with the applicant to develop the proposed agreement 
for the conservation of the Smith's blue butterfly and California red-
legged frog on the property subject to the agreement (enrolled 
property), which is owned and managed by the applicant. The enrolled 
property is Garrapata State Park in Monterey County, California. Within 
the 2,902 acres of land within the enrolled property, habitat for the 
Smith's blue butterfly and California red-legged frog 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 their expansion into 
additional areas that are currently not occupied, thus resulting in a 
net conservation benefit for these species.
    The agreement provides for the restoration, enhancement, and 
management of habitat suitable for the Smith's blue butterfly and 
California red-legged frog at the enrolled property. The proposed 
duration of the agreement is 15 years, and the proposed term of the 
enhancement of survival permit is 15 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 Smith's blue butterfly and California red-legged frog.
    Upon approval of the 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 Smith's blue butterfly and California red-
legged frog incidental to the implementation of the management 
activities specified in the agreement; incidental to surveys and 
monitoring; and incidental to the return to pre-agreement conditions 
(baseline).
    Management activities included in the agreement will provide for 
the restoration, enhancement, and management of native habitats within 
the enrolled property. The objective of such activities is to enhance 
the populations of Smith's blue butterflies and California red-legged 
frogs by increasing the quality and quantity of suitable habitat on the 
enrolled property. Take of Smith's blue butterflies and California red-
legged frogs 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 Smith's blue butterflies or California red-legged 
frogs thereby necessitating take authority under the permit.
    Baseline conditions have been determined for the enrolled property 
based on the occurrence of the Smith's blue butterfly and California 
red-legged frog and the extent of suitable habitat for the respective 
species as provided in the agreement. The applicant must maintain 
baseline conditions on the enrolled property in order to receive 
coverage regarding incidental take of Smith's blue butterflies and 
California red-legged frogs. 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 15-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 Smith's blue 
butterfly and California red-legged frog 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. 2015-01969 Filed 2-2-15; 8:45 am]
BILLING CODE 4310-55-P