[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Notices]
[Pages 4523-4525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02549]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2018-N118; FXES11130200000-189-FF02ENEH00]


Draft Safe Harbor Agreement Amendment and Application for an 
Enhancement of Survival Permit, Tres Rios Project, Phoenix, Arizona

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 
receipt of an application to amend an existing enhancement of survival 
permit from the City of Phoenix under the Endangered Species Act. The 
requested amended permit would authorize a change in baseline for the 
southwestern willow flycatcher, adjust the enrolled land acreage to 
reflect City land boundaries, and include the yellow-billed cuckoo in 
the Safe Harbor Agreement and the enhancement of survival permit 
associated with the City's Tres Rios Water Project. We invite the 
public to review and comment on the permit application and the 
associated draft safe harbor agreement amendment (SHA amendment). In 
accordance with National Environmental Policy Act (NEPA) requirements, 
we have determined that the proposed permit action qualifies for a 
categorical exclusion. We are accepting comments on the draft SHA 
amendment, and also on a draft NEPA screening form.

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DATES: Submitting Comments: We will accept comments received or 
postmarked on or before March 18, 2019.

ADDRESSES: Obtaining Documents: You may obtain copies of the documents 
by any of the following methods:
     Internet: Download the documents at https://www.fws.gov/southwest/es/arizona/.
     U.S. Mail: You may receive a CD-ROM or hard copies by mail 
by writing to the Field Supervisor, U.S. Fish and Wildlife Service, 
9828 North 31st Avenue, Phoenix, AZ 85051-2517; calling (602) 242-0210; 
faxing (602) 242-2513, or emailing [email protected].
     In-Person Document Review: Copies of the documents are 
also available for public inspection and review, by appointment only, 
at the Service's Phoenix office (address above) or at the U.S. Fish and 
Wildlife Service, 500 Gold Avenue SW, Room 6093, Albuquerque, NM 87102; 
(505) 248-6401.
    Submitting Comments: To submit written comments, please use one of 
the following methods, and note that your comment is in reference to 
the ``Draft SHA Amendment/Tres Rios Project in Phoenix, Arizona'':
     U.S. Mail: Field Supervisor, Phoenix office (address 
above).
     Fax: 602-242-2513.
     Email: [email protected].
    We request that you submit comments only by the methods above. 
Generally, we will post any personal information you provide us (see 
Public Availability of Comments).

FOR FURTHER INFORMATION CONTACT: Jeff Humphrey, Field Supervisor, 602-
242-0210 (telephone).

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce receipt of the City of Phoenix's application to 
amend an existing enhancement of survival permit under the Endangered 
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The 
requested amended permit would allow for the City of Phoenix to 
continue operation and maintenance activities associated with the Tres 
Rios Project, including maintenance of vegetation, roads, trails, water 
delivery systems, flood control capacity, and storm water facilities. 
The project area runs from approximately 91st Avenue downstream to the 
confluence of the Gila and Salt Rivers, and then west along the Gila 
River to approximately El Mirage Road in Maricopa County, Arizona. The 
amendment to the permit would make three changes to the original 
permit: (1) Add the yellow-billed cuckoo (Coccyzus americanus) to the 
City's 2014 SHA; (2) adjust the enrolled acreage from the 927 acres 
specified in the 2014 SHA to 924 acres, in order to rectify boundary 
errors; and (3) adjust covered species baselines to reflect the 2015 
habitat assessment, which better represents the area and its 
conservation benefit. The baseline for the Yuma Ridgway's (clapper) 
rail (Rallus obsoletus [=longirostris] yumanensis) remains at 5 acres. 
The southwestern willow flycatcher (Empidonax traillii extimus) 
baseline changed from 22.5 acres to a zero baseline, and we determined 
that the yellow-billed cuckoo baseline is 6 acres.
    The applicant plans to continue operation and maintenance 
activities associated with the Tres Rios Project, Tempe Reach, 
including maintenance of vegetation, roads, trails, water delivery 
systems, flood control capacity, and storm water facilities. Initial 
implementation of the Tres Rios Project was a cooperative project 
between the applicant and the U.S. Army Corps of Engineers to restore, 
enhance, and maintain 924 acres of native riparian and wetland 
vegetation along the lower Salt and Gila Rivers in Maricopa County, 
Arizona.
    We invite the public to review and comment on the permit amendment 
and the associated draft safe harbor agreement amendment (draft SHA 
amendment). In accordance with National Environmental Policy Act (NEPA; 
42 U.S.C. 4321 et seq.) requirements, we have determined that the 
proposed action qualifies for a categorical exclusion. We are accepting 
comments on the permit application, draft SHA amendment, and draft NEPA 
screening form, which supports using a categorical exclusion.

Background

    Enhancement of survival permits issued for safe harbor agreements 
encourage non-Federal landowners, including non-Federal operators 
holding easements on private lands, to implement conservation measures 
for habitat that is, or is likely to develop into, suitable habitat for 
listed species, by assuring landowners/operators that they will not be 
subjected to increased property use restrictions if suitable habitat 
develops and the covered species is detected in the future. Application 
requirements and enhancement of survival permit issuance criteria for 
safe harbor agreements are provided under section 10(c) of the ESA and 
its implementing regulations from the Code of Federal Regulations (CFR) 
at 50 CFR 17.22 and the NEPA and its implementing regulations at 40 CFR 
1506.6.

Proposed Action

    The proposed action is the Service's issuance of an amended permit 
to the City of Phoenix for covered activities in the permit area for up 
to 50 years, pursuant to section 10(a)(1)(A) of the ESA. The amended 
permit would cover ``take'' of the yellow-billed cuckoo associated with 
covered activities occurring within the permit area.
    The draft SHA amendment commits the City of Phoenix to implement 
conservation measures to improve habitat for the covered species on 
Tres Rios lands while allowing for covered activities within the 
project area to continue.
    To meet ESA section 10(a)(1)(A) permit requirements for the 
proposed amendment, the applicant developed and proposes to implement 
the SHA amendment, which describe the actions the City of Phoenix has 
agreed to undertake to improve habitat within the Tres Rios project 
area.
    Expected benefits include, but may not be limited to improvement of 
riparian habitat that can be used by covered species and other native 
fauna, limiting the amount of new disturbance to riparian habitat, and 
improving public environmental education.
    We will evaluate the permit amendment request along with associated 
documents and comments we receive to determine whether the permit 
amendment meets the requirements of the ESA, NEPA, and implementing 
regulations. If we determine that all requirements are met, we will 
approve the draft SHA amendment and amend the associated permit. We 
will fully consider all comments we receive during the public comment 
period, and we will not make our final decision until after the comment 
period ends.

Public Availability of Comments

    All comments we receive become part of the public record associated 
with this action. Requests for copies of comments will be handled in 
accordance with the Freedom of Information Act (5 U.S.C. 552), NEPA, 
and Service and Department of the Interior policies and procedures. 
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 to withhold your personal identifying information from public 
review, we cannot guarantee that we will be able to do so. Moreover, 
all submissions from organizations or

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businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, will be 
made available for public disclosure in their entirety.

Authority

    We provide this notice under section 10(c) of the ESA and its 
implementing regulations (50 CFR 17.22 and 17.32), and NEPA (42 U.S.C. 
4371 et seq.) and its implementing regulations (40 CFR 1506.6).

Amy Lueders,
Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2019-02549 Filed 2-14-19; 8:45 am]
 BILLING CODE 4333-15-P