Notice2021-17968
Proposed Programmatic Safe Harbor Agreement for the California Red-Legged Frog; Orange, Riverside, and San Diego Counties, California; National Environmental Policy Act Documentation/Categorical Exclusion
Primary source
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Published
August 23, 2021
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), announce the receipt of an enhancement of survival (EOS) permit application from the Service's Carlsbad Fish and Wildlife Office that includes a proposed safe harbor agreement (SHA) in southern California for the federally threatened California red-legged frog. If granted, the SHA would provide for California red-legged frog recovery by providing a framework to reestablish frogs within their historical range. The EOS permit would be in effect for a 30-year period and would authorize take of the California red-legged frog incidental to the implementation of the Programmatic Safe Harbor Agreement in Orange, Riverside, and San Diego Counties, California. The documents available for review and comment are the SHA and National Environmental Policy Act documentation that supports a categorical exclusion. We invite comments from the public and Federal, Tribal, State, and local governments.
Full Text
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<title>Federal Register, Volume 86 Issue 160 (Monday, August 23, 2021)</title>
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[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Notices]
[Pages 47138-47139]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17968]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2020-N081; FXES11140800000-212-FF08ECAR00]
Proposed Programmatic Safe Harbor Agreement for the California
Red-Legged Frog; Orange, Riverside, and San Diego Counties, California;
National Environmental Policy Act Documentation/Categorical Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
receipt of an enhancement of survival (EOS) permit application from the
Service's Carlsbad Fish and Wildlife Office that includes a proposed
safe harbor agreement (SHA) in southern California for the federally
threatened California red-legged frog. If granted, the SHA would
provide for California red-legged frog recovery by providing a
framework to reestablish frogs within their historical range. The EOS
permit would be in effect for a 30-year period and would authorize take
of the California red-legged frog incidental to the implementation of
the Programmatic Safe Harbor Agreement in Orange, Riverside, and San
Diego Counties, California. The documents available for review and
comment are the SHA and National Environmental Policy Act documentation
that supports a categorical exclusion. We invite comments from the
public and Federal, Tribal, State, and local governments.
DATES: Written comments should be received on or before September 22,
2021.
ADDRESSES: To request further information or submit written comments,
please use one of the following methods, and note that your information
request or comments are in reference to the ``California red-legged
frog SHA for Orange, Riverside, and San Diego Counties.''
Obtaining Documents: You may obtain the applicant's safe harbor
agreements and the National Environmental Policy Act documentation from
the internet at <a href="https://www.fws.gov/Carlsbad">https://www.fws.gov/Carlsbad</a>.
Submitting Comments: You may submit written comments by the
following method:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#fd9b8ac59e9b8a929e9290909893898ebd9b8a8ed39a928b"><span class="__cf_email__" data-cfemail="3d5b4a055e5b4a525e5250505853494e7d5b4a4e135a524b">[email protected]</span></a>. For additional information
about submitting comments, see the Public Comments Solicited section
below.
FOR FURTHER INFORMATION CONTACT: Scott Sobiech, 760-431-9440. If you
use a telecommunications device for the deaf, please call the Federal
Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from the Service's Carlsbad
Fish and Wildlife Office for an enhancement of survival (EOS) permit
pursuant to section 10(a)(1)(A) of the Endangered Species Act (ESA; 16
U.S.C. 1531 et seq.). The requested 30-year permit would authorize the
incidental take of the California red-legged frog (Rana draytonii),
which is federally listed as threatened, in exchange for conservation
measures that are expected to provide a net conservation benefit for
the species. The application includes a proposed SHA that describes
allowable land uses and the conservation measures that are intended to
produce a net conservation benefit for the California red-legged frog
on non-Federal lands in Orange, Riverside, and San Diego Counties. Non-
Federal property owners may enroll in this SHA, so long as the SHA
remains in effect.
Background
Section 9 of the ESA and the implementing Federal regulations in
effect at the time the California red-legged frog was listed prohibit
the take of animal species listed as endangered or threatened. For the
California red-legged frog, the take prohibitions as outlined in 50 CFR
17.31 apply, except that incidental take of California red-legged frog
is not prohibited if resulting from routine ranching activities (as
described in 50 CFR 17.43(d)(3)(i)-(xi) on private and tribal lands.
``Take'' is defined under the ESA as ``to harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect [listed animal species],
or to attempt to engage in such conduct'' (16 U.S.C. 1532(19)).
``Harm'' includes significant habitat modification or degradation that
actually kills or injures listed wildlife by significantly impairing
essential behavioral patterns, such as breeding, feeding, or sheltering
(50 CFR 17.3). Under specified circumstances, however, we may issue
[[Page 47139]]
permits that authorize take of federally listed species, provided the
take is incidental to, but not the purpose of, an otherwise lawful
activity. ``Incidental taking'' is defined by the ESA implementing
regulations as taking that is incidental to, and not the purpose of,
carrying out an otherwise lawful activity (50 CFR 17.3). Regulations
governing incidental take permits for endangered and threatened
species, respectively, are found at 50 CFR 17.22 and 50 CFR 17.32.
Under SHAs, private and non-Federal participating landowners
voluntarily undertake management activities on their properties to
enhance, restore, or maintain habitat benefiting species listed under
the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.). SHAs, and the subsequent EOS 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 subject to increased
land use restriction as a result of efforts to attract or increase the
numbers or distribution of a listed species on their property. In this
case, an ESA section 10(a)(1)(A) EOS permit is proposed to be issued to
the Service's Carlsbad Fish and Wildlife Office under a programmatic
SHA providing a specific level of incidental take coverage should the
enrolled landowners' agreed-upon conservation measures and routine land
uses (e.g., recreation, ranching, agriculture, and maintenance
activities) result in take of the covered species. Application
requirements and issuance criteria for EOS permits through SHAs are
found at 50 CFR 17.22(c) and 17.32(c).
California Red-Legged Frog
The California red-legged frog is currently extirpated from its
former range in Southern California south of the Transverse Ranges. It
was last recorded in Riverside County in the early 2000s. Population
declines have been attributed to habitat loss and degradation including
introduced predators, water diversions, and poor water quality.
Eligible lands under the SHA include aquatic (e.g., streams, creeks,
ponds, and marshes), riparian, and adjacent upland habitat where
threats to frogs have been addressed and minimized. Primary
conservation measures implemented under the SHA include
reintroductions, habitat management, and the minimization of potential
threats (e.g., bullfrog predation and sedimentation). Additional
conservation measures include allowing agency staff to monitor frogs
and their habitat and to salvage/rescue frogs when necessary. Covered
land use activities include recreation, ranching, agriculture,
maintenance activities, and ongoing activities associated with the
enrolled lands.
If California red-legged frog populations become established within
the eligible lands covered under the SHA, take of California red-legged
frogs associated with the approved land uses and conservation measures
outlined under the certificate of inclusion for enrolled lands would be
authorized under the EOS permit during the 30-year permit term. The
proposed SHA would implement conservation measures that contribute to
the recovery of the California red-legged frog. The proposed SHA with
the option for renewal is based on the commitment to implement the
proposed SHA, including issuance of certificates of inclusion to
participating non-Federal landowners. The reestablishment of the
Southern California genetic lineage is an important conservation action
for the species' recovery. Therefore, the cumulative impact of the SHA
and the activities it covers, which are facilitated by the allowable
incidental take, are expected to provide a net conservation benefit to
the California red-legged frog.
Public Comments Solicited
We solicit written comments on the proposed safe harbor agreement
and National Environmental Policy Act documentation described in this
notice. All comments received by the date specified in DATES will be
considered in development of a final safe harbor agreement for the
California red-legged frog. You may submit written comments and
information by email to the Service's Carlsbad Fish and Wildlife Office
at the above address (see ADDRESSES).
Public Availability of Comments
Written comments we receive become part of the decision record
associated with this action. 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 request in your comment that we withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so. All submissions from
organization or businesses, and from individuals identifying themselves
as representative or officials of organization or business, 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 the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing
regulations for the Department of the Interior (43 CFR part 46).
Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2021-17968 Filed 8-20-21; 8:45 am]
BILLING CODE 4333-15-P
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