[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Pages 54720-54722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23812]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG423


Endangered and Threatened Species: Take of Anadromous Fish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: NMFS has received an application for a new Enhancement of 
Survival Permit and a request for entry into an associated proposed 
Safe Harbor Agreement (Agreement) between the applicant and NMFS. The 
proposed Enhancement of Survival Permit and Agreement are intended to 
promote the survival and recovery of Central California Coast (CCC) 
Coho Salmon (Oncorhynchus kisutch) and CCC Steelhead (O. mykiss) listed 
as

[[Page 54721]]

endangered and threatened, respectively, under the Endangered Species 
Act (ESA). Information NMFS received as a part of the application is 
available upon request by contacting the NMFS West Coast Region (WCR) 
at its California Coastal Office in Santa Rosa, California (see FOR 
FURTHER INFORMATION CONTACT).

DATES: Comments or requests for a public hearing on the action proposed 
in the application or related matters must be received at the 
appropriate address or fax number (see ADDRESSES) no later than 5 p.m. 
Pacific standard time on November 30, 2018.

ADDRESSES: You may submit comments on this document and requests for a 
public hearing by any of the following methods. Please identify 
comments as relating to the ``MacMurray Ranch Safe Harbor Agreement.''
    Electronic Submissions: Submit all electronic comments via the 
Federal Rulemaking Portal. Go to http://www.regulations.gov/, click the 
``Comment Now!'' icon, complete the required fields, and enter, or 
attach your comments.
    Mail, Email, Fax: Submit written comments and requests for a public 
hearing to California Coastal Office, NMFS WCR, 777 Sonoma Avenue, Room 
325, Santa Rosa, CA 95404. Comments and requests may also be submitted 
via fax to 707-578-3435 or by email to 
[email protected].
    Instructions: Comments sent by any other methods, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are part of the 
public record and will generally be posted for public viewing on http://www.regulations.gov without change. All personally identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Dan Wilson, Santa Rosa, CA, Telephone: 
707-578-8555, Fax: 707-578-3435, email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Species Covered in This Notice

    The proposed Enhancement of Survival Permit and Agreement are 
intended to promote the survival and recovery of endangered CCC Coho 
Salmon and threatened CCC Steelhead.

Authority

    Enhancement of Survival Permits are issued in accordance with 
section 10(a)(1)(A) of the ESA (16 U.S.C. 1531 et seq.) and regulations 
governing ESA-listed fish and wildlife permits (50 CFR parts 222-227). 
NMFS issues permits based on findings that such permits: (1) Were 
applied for in good faith; (2) if granted and exercised would not 
operate to the disadvantage of the listed species that are the subject 
of the permit; and (3) are consistent with the purposes and policy set 
forth in section 2 of the ESA. The authority to take ESA-listed species 
is subject to conditions set forth in the permits.
    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 ESA (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 ESA, 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 and increase the numbers or distribution of these 
species already on their property. Application requirements and 
issuance criteria for Enhancement of Survival Permits through Safe 
Harbor Agreements are found in 50 CFR 222.308(b), 222.308(c), and the 
Announcement of Final Safe Harbor Policy published on June 17, 1999 (64 
FR 32717). 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.
    An interested party may submit data, views, arguments, or a request 
for a hearing with respect to the action proposed in the application or 
related matters. Anyone requesting a hearing on a matter pursuant to 
this notice should set out the specific reasons why a hearing on that 
matter would be appropriate (see ADDRESSES). Such hearings are held at 
the discretion of the Assistant Administrator for Fisheries, NMFS.

Applications Received

Permit 22362

    E. & J. Gallo Winery, (Applicant) is requesting that NMFS issue it 
an Enhancement of Survival Permit and approve an associated proposed 
Agreement that it developed with NMFS. The Enhancement of Survival 
Permit will facilitate implementation of the Agreement that is expected 
to promote the recovery of CCC Coho Salmon and CCC Steelhead on non-
Federal property within Porter Creek on the Applicant's MacMurray 
Ranch. Porter Creek is a tributary to the Russian River in Sonoma 
County, California. The proposed duration of the Agreement and the 
associated Enhancement of Survival Permit is three years. The proposed 
Enhancement of Survival Permit would authorize the incidental taking of 
CCC Coho Salmon and CCC Steelhead that may be associated with covered 
activities including beneficial management activities (i.e., reservoir 
releases) and the return of the enrolled property to baseline 
conditions at the end of the Agreement, as defined in the Agreement. 
The Agreement specifies the beneficial management activities to be 
carried out on the enrolled property and the schedule for implementing 
those activities.
    The Agreement requires that the Applicant maintain baseline 
condition for the covered species habitat on the enrolled property. 
NMFS has reviewed the baseline condition for the enrolled property as 
it is defined in the Agreement. The Agreement also contains a 
monitoring component that requires the Applicant to ensure compliance 
with the terms and conditions of the Agreement, and that the baseline 
levels of habitat for the covered species occurs on the enrolled 
property. Results of the monitoring efforts will be provided to NMFS by 
the Applicant in an annual report for the duration of the three-year 
permit term.
    Upon all parties' execution of this Agreement, and consistent with 
the NMFS' Safe Harbor Policy (64 FR 32717), NMFS will issue an 
Enhancement of Survival Permit to the Applicant. The Enhancement of 
Survival Permit will authorize the Applicant to take CCC Coho Salmon 
and CCC Steelhead incidental to the implementation of the covered 
activities specified in the Agreement, incidental to other lawful uses 
of the enrolled property, and to return to baseline conditions if 
desired at the end of the Agreement. In addition to meeting other 
criteria, actions to be performed under the Enhancement of Survival 
Permit

[[Page 54722]]

must not jeopardize the existence of Federally listed species.
    This notice is provided pursuant to section 10(c) of the ESA. NMFS 
will evaluate the application, associated documents, and comments 
submitted to determine whether the application meets the applicable 
requirements of section 10(a) of the ESA and Federal regulations. NMFS' 
decision on whether to issue the permit will not be made until after 
the end of the 30-day comment period.
    NMFS will publish notice of its final action in the Federal 
Register.

    Dated: October 26, 2018.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2018-23812 Filed 10-30-18; 8:45 am]
 BILLING CODE 3510-22-P