Notice2021-17977
Endangered and Threatened Species; Receipt of an Enhancement of Survival Permit Application and Safe Harbor Agreement for Bluff Lake, San Bernardino County, California
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 23, 2021
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
The Wildlands Conservancy (applicant) has submitted a safe harbor agreement (SHA) and applied to the U.S. Fish and Wildlife Service (Service) for an enhancement of survival permit pursuant to the Endangered Species Act. The Service is considering issuance to the applicant of a 30-year permit that would authorize take of the federally endangered mountain yellow-legged frog and unarmored threespine stickleback (a fish species). We have prepared a draft environmental action statement (EAS) for our preliminary determination that the SHA and permit decision may be eligible for categorical exclusion under the National Environmental Policy Act. We invite comments from the public on the aforementioned documents.
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 47143-47144]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17977]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2021-N027; FXES11140800000-212]
Endangered and Threatened Species; Receipt of an Enhancement of
Survival Permit Application and Safe Harbor Agreement for Bluff Lake,
San Bernardino County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability and request for comments.
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SUMMARY: The Wildlands Conservancy (applicant) has submitted a safe
harbor agreement (SHA) and applied to the U.S. Fish and Wildlife
Service (Service) for an enhancement of survival permit pursuant to the
Endangered Species Act. The Service is considering issuance to the
applicant of a 30-year permit that would authorize take of the
federally endangered mountain yellow-legged frog and unarmored
threespine stickleback (a fish species). We have prepared a draft
environmental action statement (EAS) for our preliminary determination
that the SHA and permit decision may be eligible for categorical
exclusion under the National Environmental Policy Act. We invite
comments from the public on the aforementioned documents.
DATES: Written comments should be received on or before September 22,
2021.
ADDRESSES: You may view or download copies of the draft SHA and draft
EAS and obtain additional information on the internet at <a href="https://www.fws.gov/carlsbad/">https://www.fws.gov/carlsbad/</a>, or obtain hard copies by calling the phone
number listed below. You may submit comments or requests for more
information by any of the following methods:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#5e3829663d3829313d3133333b302a2d1e38292d70393128"><span class="__cf_email__" data-cfemail="5b3d2c63383d2c34383436363e352f281b3d2c28753c342d">[email protected]</span></a>. Include ``Bluff Lake SHA''
in the subject line of the message.
<bullet> U.S. Mail: Field Supervisor, U.S. Fish and Wildlife
Service, Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite
250, Carlsbad, CA 92008.
FOR FURTHER INFORMATION CONTACT: Jesse Bennett, by telephone at 760-
431-9440 or by electronic mail at <a href="/cdn-cgi/l/email-protection#450f203636201a07202b2b203131052332366b222a33"><span class="__cf_email__" data-cfemail="b6fcd3c5c5d3e9f4d3d8d8d3c2c2f6d0c1c598d1d9c0">[email protected]</span></a>. If you use a
telecommunications device for the deaf (TDD), please call the Federal
Information Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: The Wildlands Conservancy (applicant) has
applied to the U.S. Fish and Wildlife Service (Service) for an
enhancement of survival permit pursuant to section 10(a)(1)(A) of the
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.). The Service is considering issuance to the applicant of a 30-
year permit that would authorize take of the federally endangered
mountain yellow-legged frog (Rana muscosa) and unarmored threespine
stickleback (a fish species; Gasterosteus aculeatus williamsoni)
through a safe harbor agreement (SHA). The purpose of this SHA is for
the applicant to manage habitat for the species at Bluff Lake in San
Bernardino County, California. The applicant seeks to provide for the
long-term recovery of the species in the wild through the maintenance
and/or enhancement of suitable habitat that can accommodate
reestablishment of the site from captive populations or other extant
locations that may be present within the historic range of the species.
We have prepared a draft environmental action statement (EAS) for our
preliminary determination that the SHA and permit decision may be
eligible for categorical exclusion under the National Environmental
Policy Act (NEPA; 42 U.S.C. 4321 et seq.).
We invite comments from the public on the permit application, draft
SHA, and draft EAS, which are available for review. The SHA describes
the proposed project and the measures that the applicant would
undertake to avoid and minimize take of the covered species.
Background
SHAs are intended to encourage private or other non-Federal
property owners to implement beneficial conservation actions for
species listed under the ESA. SHA permit holders are assured that they
will not be subject to increased property use restrictions as a result
of their proactive actions to benefit listed species. Incidental take
of listed species is authorized under a permit pursuant to the
provisions of section 10(a)(1)(A) of the ESA. For an applicant to
receive a permit through an SHA, the applicant must submit an
application form that includes the following:
1. The common and scientific names of the listed species for which
the applicant requests incidental take authorization;
2. A description of how incidental take of the listed species
pursuant to the SHA is likely to occur, both as a result of management
activities and as a result of the return to baseline; and
3. A description of how the SHA complies with the requirements of
the Service's Safe Harbor Policy (64 FR 32717, June 17, 1999).
For the Service to issue a permit, we must determine that:
1. The take of listed species will be incidental to an otherwise
lawful activity and will be in accordance with the terms of the SHA;
2. The implementation of the terms of the SHA is reasonably
expected to provide a net conservation benefit to the covered species
by contributing to its recovery, and the SHA otherwise complies with
the Service's Safe Harbor Policy;
3. The probable direct and indirect effects of any authorized take
will not appreciably reduce the likelihood of survival and recovery in
the wild of any listed species;
4. Implementation of the terms of the SHA is consistent with
applicable Federal, State, and Tribal laws and regulations;
5. Implementation of the terms of the SHA will not be in conflict
with any ongoing conservation or recovery programs for listed species
covered by the permit; and
6. The applicant has shown capability for and commitment to
implementing all of the terms of the SHA.
The Service's Safe Harbor Policy and Safe Harbor Regulations (68 FR
53320; 69 FR 24084) provide important terms and concepts for developing
SHAs. The policy and regulations are available at <a href="http://www.fws.gov/endangered/laws-policies/regulations-and-policies.html">http://www.fws.gov/endangered/laws-policies/regulations-and-policies.html</a>.
Proposed Action
The applicant's permit application includes a draft SHA, which
covers 60 acres owned by the applicant in San Bernardino County,
California. The proposed term of the permit and the SHA is 30 years.
The permit would authorize incidental take of the two species that may
occur while pursuing
[[Page 47144]]
conservation actions that are expected to provide a net benefit to
these species. We have prepared a draft EAS for our preliminary
determination that the SHA and permit decision may be eligible for
categorical exclusion under NEPA. We invite the public to review and
comment on the permit application, draft SHA, and draft EAS.
This SHA provides for the management of mountain yellow-legged frog
and unarmored threespine stickleback habitat at Bluff Lake, San
Bernardino County, California. Bluff Lake occurs within the U.S.
Geological Survey 7.5-minute series Big Bear Lake topographic
quadrangle (township 2 north, range 1 west, section 34). When fully
implemented, the SHA and requested enhancement of survival permit will
allow the Applicant to return habitat conditions to baseline after the
end of the 30-year term of the SHA and permit, if so desired by the
applicant.
The SHA describes the management activities to be undertaken by the
applicant, and the net conservation benefits expected to the mountain
yellow-legged frog and unarmored threespine stickleback. Upon approval
of this SHA, and consistent with the Service's Safe Harbor Policy
published in the Federal Register on June 17, 1999 (64 FR 32717), the
Service would issue a permit to the applicant authorizing take of the
mountain yellow-legged frog and unarmored threespine stickleback
incidental to the implementation of the management activities specified
in the SHA; incidental to other lawful uses of the enrolled property
including normal, routine land management activities; and to return to
pre-SHA conditions (baseline).
Under the SHA, the applicant will allow the release of mountain
yellow-legged frogs and unarmored threespine stickleback on the
property. This release may involve the temporary placement of small
enclosures. The applicant will further undertake management activities
to benefit the mountain yellow-legged frog and unarmored threespine
stickleback. This will include maintaining or improving habitat
conditions on the property, throughout the duration of the SHA, except
in the event of a natural disaster such as a wildfire or severe
drought. The applicant will also minimize the potential impact of
recreation and nonnative species management.
National Environmental Policy Act Compliance
The development of the draft SHA and the proposed issuance of an
enhancement of survival permit are Federal actions that trigger the
need for compliance with the NEPA (43 U.S.C. 4321 et seq.). We have
prepared a draft EAS to assess the probable scope of impacts of permit
issuance and implementation of the SHA on the human environment. We
have made a preliminary determination that issuing the permit and
implementing the SHA would have minor or negligible impacts to the
environment, and thus the proposed SHA and permit actions are eligible
for categorical exclusion under NEPA. The basis for our preliminary
determination is contained in the EAS, which is available for public
review (see ADDRESSES).
Next Steps
We will evaluate the permit application, associated documents, and
comments we receive to determine whether the permit application meets
the requirements of the ESA, NEPA, and implementing regulations. If we
determine that all requirements are met, we will sign the proposed SHA
and issue a permit under section 10(a)(1)(A) of the ESA to the
applicant. We will not make our final decision on the permit
application until after the end of the public comment period, and we
will fully consider all comments we receive during the comment period.
Public Availability of Comments
Written comments we receive become part of the public 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 the entire comment, including
your personal identifying information, may be made 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.
Authority
We provide this notice under section 10(c) of the ESA (16 U.S.C
1531 et seq.) 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; 43 CFR 46).
Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2021-17977 Filed 8-20-21; 8:45 am]
BILLING CODE 4333-15-P
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