[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Notices]
[Pages 24960-24961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10299]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2015-N068; 81420-1113-0000-F3]


Extension of Pacific Gas and Electric Safe Harbor Agreement for 
Interior Dune Species Located in Antioch Dunes in Contra Costa County, 
CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; receipt of application.

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SUMMARY: This notice advises the public that Pacific Gas and Electric 
(Applicant) has applied to the U.S. Fish and Wildlife Service (Service) 
for a 5-year extension of their existing Enhancement of Survival permit 
under the Endangered Species Act of 1973, as amended (Act). The Safe 
Harbor Agreement (Agreement) is between the Applicant and the Service 
for the federally endangered Lange's metalmark butterfly, Antioch Dunes 
evening primrose, and Contra Costa wallflower. No changes are proposed 
to the Agreement other than extending the Enhancement of Survival 
Permit and associated Agreement for an additional 5 years.

DATES: To ensure consideration, please send your written comments by 
June 1, 2015.

ADDRESSES: Send comments to Mr. Rick Kuyper, via U.S. mail at U.S. Fish 
and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage 
Way, W-2605, Sacramento, CA 95825, or via facsimile to (916) 414-6713.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Kuyper, Sacramento Fish and 
Wildlife Office (see ADDRESSES); telephone: (916) 414-6600.

SUPPLEMENTARY INFORMATION: This notice advises the public that Pacific 
Gas and Electric (Applicant) has applied to the U.S. Fish and Wildlife 
Service (Service) for a 5-year extension of their existing Enhancement 
of Survival permit under the Endangered Species Act of 1973, as amended 
(Act). The Safe Harbor Agreement (Agreement) is between the Applicant 
and the Service for the federally endangered Lange's metalmark 
butterfly (Apodemia mormo langei), Antioch Dunes evening primrose 
(Oenothera deltoides ssp. howellii), and Contra Costa wallflower 
(Erysimum capitatum var. angustatum) (collectively referred to as the 
Covered Species). No changes are proposed to the Agreement other than 
extending the Enhancement of Survival Permit and associated Agreement 
for an additional 5 years.

Availability of Documents

    You may obtain a copy of the Agreement by contacting the individual 
named above. You may also make an appointment to view the document at 
the above address 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 enhancement 
of survival 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 listed species by assuring property 
owners that they will not be subjected to increased property use 
restrictions as a result of their efforts to attract listed species to 
their property, or to increase the numbers or distribution of listed 
species already on their property. Application requirements and 
issuance criteria for enhancement of survival permits through Safe 
Harbor Agreements are found in 50 CFR 17.22(c) and 17.32(c). These 
permits allow any necessary future incidental take of covered species 
above the mutually agreed-upon baseline conditions for those species in 
accordance with the terms and conditions of the permits and 
accompanying agreements.

Existing Agreement

Description

    The Agreement covers two 6-acre parcels (Enrolled Property) that 
are located along the south shore of the San Joaquin River in Contra 
Costa County, California. The two parcels are located adjacent to, and 
on either side of, the 14-acre Sardis Unit of the Antioch Dunes 
National Wildlife Refuge (Refuge). Two transmission towers are located 
on the Enrolled Property--one 115 kV tower on the west parcel and one 
230 kV tower on the east parcel. The Applicant relies on graveled and 
dirt access roads to reach all of its facilities on the Enrolled 
Property. Each tower has an established work area that is utilized for 
maintenance and operation activities.

Purpose

    The purpose of this Agreement is for the Service and the Applicant 
to collaborate and implement conservation measures for the Covered 
Species. The Applicant has restored and maintained suitable habitat 
within the Enrolled Property within the Antioch Dunes system, as 
specified in the Agreement. Restoration actions have primarily involved 
controlling invasive plant species. The Applicant has allowed the 
Service to conduct native plant restoration activities as specified in 
the Agreement. The restoration activities have resulted in an increase 
in host plants for the Lange's metalmark butterfly throughout the 
Enrolled Property, thus resulting in a net conservation benefit for 
this species. Additionally, the restoration activities have decreased 
threats to the Contra Costa wallflower and the Antioch Dunes evening 
primrose by reducing the amount of invasive, nonnative plants that 
outcompete the federally endangered plants. The Agreement also contains 
a monitoring component that provides information on the success of weed 
eradication and assists the Refuge in early detection of new invasive 
plant species. Results of these monitoring efforts are provided to the 
Service by the Applicant in annual reports.

Proposed Extension of Existing Agreement

    No changes are proposed to the Agreement other than extending the 
Enhancement of Survival Permit and associated Agreement for an 
additional 5 years. The proposed extension of the Enhancement of 
Survival permit and Agreement would authorize the incidental taking of 
the Covered Species associated with the restoration, enhancement, and 
maintenance of suitable habitat for the Covered Species; routine 
activities associated with maintenance and operation of the two 
transmission towers; and the potential future return of the Enrolled 
Property to baseline conditions.
    Consistent with the Service's Safe Harbor Policy (64 FR 32717), the 
Service would issue a 5-year extension of the Enhancement of Survival 
Permit to the Applicant. This permit will authorize the Applicant to 
take the Covered Species incidental to the implementation of the 
management activities specified in the Agreement, incidental to other 
lawful uses of the

[[Page 24961]]

property including normal, routine land management activities, and 
incidental to return to baseline conditions if desired. Although take 
of listed plant species is not prohibited under the Act, and therefore 
cannot be authorized under an enhancement of survival permit, plant 
species may be included on a permit in recognition of the net 
conservation benefit provided to them under a safe harbor agreement. An 
applicant would receive assurances under our ``No Surprises'' 
regulations (50 CFR 17.22(c)(5) and 17.32(c)(5)) for all species 
included in the Enhancement of Survival permit. In addition to meeting 
other criteria, actions to be performed under an Enhancement of 
Survival permit must not jeopardize the existence of federally listed 
fish, wildlife, or plants.

Public Review and Comments

    Individuals wishing to view the Agreement, including a map of the 
proposed permit area, should contact the office and personnel listed in 
the ADDRESSES section above.
    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.
    The Service 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 National Environmental Policy Act (NEPA) regulations. If the 
Service determines that the requirements are met, we will issue a 5-
year extension for the enhancement of survival permit under section 
10(a)(1)(A) of the Act to the Applicant for take of the Covered Species 
incidental to otherwise lawful activities in accordance with the terms 
of the Agreement. The Service 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 pursuant to section 10(c) of the 
Act and pursuant to implementing regulations for NEPA (40 CFR 1506.6).

Jennifer M. Norris,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento, 
California.
[FR Doc. 2015-10299 Filed 4-30-15; 8:45 am]
 BILLING CODE 4310-55-P