[Federal Register Volume 68, Number 30 (Thursday, February 13, 2003)]
[Notices]
[Pages 7385-7387]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 03-3549]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Safe Harbor Agreement for the Urban Wildlands Group, Inc., Los
Angeles County, CA
AGENCY: Fish and Wildlife Service, Interior.
[[Page 7386]]
ACTION: Notice of availability, receipt of application.
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SUMMARY: The Urban Wildlands Group, Inc. (Applicant) has applied to the
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 (Act). The permit application includes a proposed Safe
Harbor Agreement (SHA) between the Applicant and the Service. The SHA
provides for habitat enhancement and creation for the El Segundo blue
butterfly (Euphilotes bernardino allyni) on approximately 2 acres of
bluff habitat on private property in Los Angeles County, California.
The proposed duration of both the SHA and permit is 30 years.
The Service has made a preliminary determination that the proposed
SHA and permit application are eligible for categorical exclusion under
the National Environmental Policy Act of 1969 (NEPA). The basis for
this determination is contained in an Environmental Action Statement,
which also is available for public review.
DATES: Written comments must be received by 5 p.m. on March 17, 2003.
ADDRESSES: Comments should be addressed to Jim Bartel, Field
Supervisor, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road,
Carlsbad, California 92009, facsimile number (760) 918-0638 (see
SUPPLEMENTARY INFORMATION, Public Review and Comment).
FOR FURTHER INFORMATION CONTACT: Karen A. Evans, Assistant Field
Supervisor, at the above address or by calling (760) 431-9440.
SUPPLEMENTARY INFORMATION:
Background
The primary objective of this SHA is to encourage voluntary habitat
restoration or enhancement activities to benefit El Segundo blue
butterfly by relieving a landowner, who enters into the provisions of a
Cooperative Agreement with the Applicant, from any additional Section 9
liability under the Endangered Species Act beyond that which exists at
the time the Cooperative Agreement is signed (``regulatory baseline'').
A SHA encourages landowners to conduct voluntary conservation
activities and assures them that they will not be subjected to
increased endangered species restrictions should their beneficial
stewardship efforts result in increased endangered species populations.
Application requirements and issuance criteria for enhancement of
survival permits through SHAs are found in 50 CFR 17.22(c). As long as
enrolled landowners allow the agreed upon habitat improvements to be
completed on their property and maintain their baseline
responsibilities, they may make any other lawful use of the property
during the permit term, even if such use results in the take of
individual El Segundo blue butterflies or harm to their habitat.
Landowners within the Torrance Recovery Unit identified by the El
Segundo Blue Butterfly Recovery Plan may be enrolled with the Applicant
under the SHA. They will receive a Certificate of Inclusion when they
sign a Cooperative Agreement. The Cooperative Agreement will include:
(1) A map of the property; (2) delineation of the portion of the
property to be enrolled and its acreage; (3) a description of the
vegetation of the enrolled area of the property; (4) a description of
the habitat improvements that will be completed, and; (5) the
responsibilities of the Cooperator and the Applicant.
The Applicant will provide draft copies of Cooperative Agreements
to the Service for an opportunity to review and concur with the
recommended habitat management activities. The Service will have a
period of 30 days in which to make comments. If no comments are
received within 30 days, the Applicant may proceed to finalize the
Cooperative Agreement. The Applicant, as the permittee, will be
responsible for annual monitoring and reporting related to
implementation of the SHA and Cooperative Agreements and fulfillment of
their provisions. Upon request by the Service, the Applicant will make
available records and materials related to implementation of the
program.
Each Cooperative Agreement will cover restoration activities to
create or enhance habitat for El Segundo blue butterfly and achieve
species' recovery goals. These actions, where appropriate, could
include (but are not limited to): (1) Removal of exotic vegetation to
allow for native plant revegetation or to reduce the adverse effect on
existing habitat; (2) revegetation with food plant for El Segundo blue
butterfly as part of a native dune scrub or bluff scrub community; (3)
repair or installation of fences to protect existing or created habitat
from human disturbance; and (4) facilitation of the implementation of
other objectives recommended by the El Segundo Blue Butterfly Recovery
Plan. None of the Cooperative Agreements entered into under this SHA
will allow conversion of native habitat into another habitat type.
Each Cooperative Agreement will stipulate that the habitat
improvement measures be maintained for a period that is expected to
result in the maturation of plants used in revegetation and for a
period of 5 years beyond. Most Cooperative Agreements are expected to
last at least 13 years. Based on experience elsewhere, this term is
more than adequate to allow native plant revegetation to mature to a
point usable by the butterflies for nectaring and egg-laying, as well
as multiple seasons for dispersal to and from adjacent occupied habitat
patches.
After maintenance of the restored/created/enhanced El Segundo blue
butterfly habitat on the property for the agreed-upon term, Cooperators
may then conduct otherwise lawful activities on their property that
result in the partial or total elimination of the restored habitat and
the incidental taking of El Segundo blue butterfly as a result of such
habitat elimination. However, the restrictions on returning a property
to its original baseline condition include: (1) El Segundo blue
butterflies may not be captured, killed, or otherwise directly
``taken''; (2) the Applicant and the Service will be notified a minimum
of 60 days prior to the activity and given the opportunity to capture,
rescue, and/or translocate any El Segundo blue butterflies, if
necessary and appropriate; and (3) return to baseline conditions must
be completed within the 30-year term of the permit issued to the
Applicant. Cooperative Agreements may be extended if the Applicant's
permit is renewed and that renewal allows for such extension.
In emergency situations, such as storm-related geological
instability, the Service may authorize a Cooperator to carry out an
action likely to result in incidental taking of El Segundo blue
butterfly before the end of the agreed-upon duration of habitat
maintenance, as identified in the Cooperative Agreement, provided the
landowner notifies the parties to the Agreement in writing at least 14
days prior to the action, with the nature of the emergency, and an
explanation of the extenuating circumstances.
The Service has made a preliminary determination that approval of
the SHA qualifies as a categorical exclusion under the NEPA, as
provided by the Department of Interior Manual (516 DM 2, Appendix 1 and
516 DM 6, Appendix 1) based on the following criteria: (1)
Implementation of the SHA would result in minor or negligible effects
on federally listed, proposed, and candidate species and their
habitats; (2) implementation of the SHA would result in minor or
negligible effects on
[[Page 7387]]
other environmental values or resources; and (3) impacts of the SHA,
considered together with the impacts of other past, present and
reasonably foreseeable similarly situated projects would not result,
over time, in cumulative effects to environmental values or resources
which would be considered significant. This is more fully explained in
our Environmental Action Statement.
Based upon this preliminary determination, we do not intend to
prepare further NEPA documentation. The Service will consider public
comments in making its final determination on whether to prepare such
additional documentation.
Public Review and Comments
Individuals wishing copies of the permit application, the
Environmental Action Statement, or copies of the full text of the SHA,
including a map of the proposed permit area, references, and legal
descriptions of the proposed permit area, should contact the office and
personnel listed in the ADDRESSES section. Documents also will be
available for public inspection, by appointment, during normal business
hours at this office (see ADDRESSES).
The Service provides this notice pursuant to section 10(c) of the
Act and pursuant to implementing regulations for NEPA (40 CFR 1506.6).
All comments received on the permit application and SHA, including
names and addresses, will become part of the administrative record and
may be released to the public. If you wish us to withhold your name
and/or address, you must state this prominently at the beginning of
your comment. All submissions from organizations or businesses, and
from individuals identifying themselves as representatives or officials
of organizations or businesses, are available for public inspection in
their entirety.
Decision
We will evaluate the permit application, the SHA, and comments
submitted thereon to determine whether the application meets the
requirements of section 10(a) of the Act and NEPA regulations. If the
requirements are met, the Service will sign the proposed SHA and issue
an enhancement of survival permit under section 10(a)(1)(A) of the Act
to the Applicant for take of the El Segundo blue butterfly incidental
to otherwise lawful activities of the project. The Service will not
make a final decision until after the end of the 30-day comment period
and will fully consider all comments received during the comment
period.
Dated: February 5, 2003.
David G. Paullin,
Acting Deputy Manager, California/Nevada Operations Office, Sacramento,
California.
[FR Doc. 03-3549 Filed 2-12-03; 8:45 am]
BILLING CODE 4310-55-P