[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Notices]
[Pages 36841-36842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15708]



[[Page 36841]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2014-N106; FXHC-1113-0000-F3]


Proposed Safe Harbor Agreement for the Shasta Crayfish on Rock 
Creek, in Shasta County, California

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 
Company (applicant) has applied to the U.S. Fish and Wildlife Service 
(Service) for an Enhancement of Survival permit under the Endangered 
Species Act of 1973, as amended (Act). The permit application includes 
a proposed safe harbor agreement (agreement) between the applicant and 
the Service for the federally endangered Shasta crayfish. The agreement 
is available for public comment.

DATES: To ensure consideration, please send your written comments by 
July 27, 2015.

ADDRESSES: Send comments to Mr. Rick Kuyper, via U.S. mail at U.S. Fish 
and Wildlife Service, 2800 Cottage Way, Room W-2605, Sacramento, CA 
95825, or via email at [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Rick Kuyper, Sacramento Fish and 
Wildlife Office (see ADDRESSES); telephone: (916) 414-6649.

SUPPLEMENTARY INFORMATION: This notice advises the public that Pacific 
Gas and Electric Company (applicant) has applied to the U.S. Fish and 
Wildlife Service (Service) for an Enhancement of Survival permit under 
the Act (16 U.S.C. 1531 et seq.). The permit application includes a 
proposed safe harbor agreement (agreement) between the applicant and 
the Service for the federally endangered Shasta crayfish (Pacifastacus 
fortis). The agreement is available for public comment.

Availability of Documents

    You may obtain copies of the document for review 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. 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 the Code of Federal Regulations (CFR) at 50 CFR 17.22(c) and 
17.32(c). An enhancement of survival permit allows any necessary future 
incidental take of species above the mutually agreed upon baseline 
conditions for the species, as long as the take is in accordance with 
the terms and conditions of the permit and accompanying agreement. The 
federally endangered Shasta crayfish is also listed as endangered under 
the California Endangered Species Act, and the Service has worked 
closely with the California Department of Fish and Wildlife during the 
development of this safe harbor agreement.

Proposed Safe Harbor Agreement for the Shasta Crayfish

    The agreement would cover a 200-foot buffer along both sides of 
Rock Creek located on the applicant's property (enrolled property). One 
section of Rock Creek, known as the Upper Pool, has no direct inflow or 
outflow from surface waterways and is fed by an isolated spring that 
flows from an extensive basalt lava flow. The Upper Pool has barriers 
both upstream and downstream that prevent species that prey upon, or 
compete with, Shasta crayfish from entering. Currently, Rock Creek does 
not contain Shasta crayfish, predatory species, or nonnative crayfish 
that would compete with and prey upon the Shasta crayfish. Because the 
Upper Pool does not contain Shasta crayfish, the baseline for the 
agreement would be zero individuals, but the existing habitat would 
remain in place. Other native aquatic flora and fauna that could be 
important for Shasta crayfish are present and plentiful. The applicant 
has agreed to allow the Service to relocate Shasta crayfish from 
another nearby location to the Upper Pool which will establish a new 
population within the species' historical range. Some incidental take 
of Shasta crayfish could occur in the future during routine maintenance 
and operation activities, timber management activities, and other 
activities as described in the agreement. These activities would be 
conducted by the applicant and also by Crystal Lake Fish Hatchery 
staff. Should the applicant elect to return the enrolled property to 
baseline conditions, the agreement has a provision that allows the 
Service access to the property to capture and relocate Shasta crayfish 
to other suitable habitat. The agreement would be in effect until 2043.
    Upon approval of this agreement and satisfactory completion of all 
other applicable legal requirements, and consistent with the Service's 
Safe Harbor Policy (64 FR 32717), the Service would issue an 
enhancement of survival permit to the applicant. This permit will 
authorize the applicant to take Shasta crayfish incidental to the 
following: (1) Implementation of the management activities specified in 
the agreement; (2) other lawful uses of the property, including ongoing 
and routine land management activities; and (3) a return to baseline 
conditions, if desired by the applicant.
    An applicant would receive assurances under our ``No Surprises'' 
regulations (50 CFR 17.22(c)(5) and 17.32(c)(5)) for Shasta crayfish. 
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

    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 is also available for public 
review.
    Individuals wishing copies of the environmental action statement, 
and/or copies of the full text of 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.

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    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 NEPA regulations. If the Service determines 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 Shasta crayfish 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. 2015-15708 Filed 6-25-15; 8:45 am]
 BILLING CODE 4310-55-P