[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Pages 47510-47511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19469]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2015-N124: FF08ENVD00-FXES11130800000-156]
Endangered and Threatened Wildlife and Plants; Enhancement of
Survival Permit Application; Greater Sage-Grouse Candidate Conservation
Agreement With Assurances for Smith Creek Ranch LTD
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), have
received an application for an enhancement of survival permit (EOS)
under the Endangered Species Act of 1973, as amended (ESA). The permit
application includes a draft candidate conservation agreement with
assurances (CCAA) between Smith Creek Ranch LTD and the Service for the
greater sage-grouse on private rangelands in Churchill and Lander
Counties, Nevada. We invite comments from all interested parties on the
application, including the draft CCAA, and a draft environmental action
statement (EAS) prepared pursuant to the requirements of the National
Environmental Policy Act (NEPA).
DATES: To ensure consideration, written comments must be received from
interested parties no later than September 8, 2015.
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 Smith Creek Ranch LTD CCAA.
Internet: Documents may be viewed on the Internet at http://www.fws.gov/nevada.
Email: [email protected]. Include ``Smith Creek Ranch CCAA'' in
the subject line of the message or comments.
U.S. Mail: U.S. Fish and Wildlife Service, Reno Fish and Wildlife
Office, 1340 Financial Boulevard, Suite 234, Reno, NV 89502.
Fax: 775-861-6301. Include ``Smith Creek Ranch CCAA'' in the
subject line of the message or comments.
In-Person Viewing or Pickup: Documents will be available for public
inspection by appointment during normal business hours at the Reno Fish
and Wildlife Office (address above).
FOR FURTHER INFORMATION CONTACT: Edward D. Koch, Field Supervisor, Reno
Fish and Wildlife Office (see ADDRESSES); by telephone (775-861-6300),
or by facsimile (775-861-6301). If you use a telecommunications device
for the deaf (TDD), please call the Federal Information Relay Service
at 800-877-8339.
SUPPLEMENTARY INFORMATION: We have received an application from Smith
Creek Ranch LTD for an EOS permit under the ESA. The permit application
includes a CCAA between the applicant and the Service for the greater
sage-grouse (Centrocercus urophasianus) in Churchill and Lander
Counties, Nevada. The Service and the applicant prepared the CCAA to
provide the applicant with the opportunity to voluntarily conserve the
greater sage-grouse and its habitat while carrying out ranch
operations. We have made a preliminary determination that the proposed
CCAA and permit issuance are eligible for categorical exclusion under
NEPA. The basis for our preliminary determination is contained in an
EAS. We invite comments from all interested parties on the application,
including the CCAA and the EAS.
Background Information
Private and other non-Federal property owners are encouraged to
enter into CCAAs, in which they voluntarily undertake management
activities on their properties to enhance, restore, or maintain habitat
benefiting species that are proposed for listing under the ESA,
candidates for listing, or species that may become candidates or
proposed for listing. Through a CCAA and its associated EOS permit, the
Service provides assurances to property owners that they will not be
subjected to increased land use restrictions if the covered species
become listed under the ESA in the future, provided the CCAA is being
properly implemented and the EOS permit conditions are met. Application
requirements and issuance criteria for EOS permits for CCAAs are found
in the Code of Regulations (CFR) at 50 CFR 17.22(d) and 17.32 (d),
respectively. See also our joint policy on CCAAs, which we published in
the Federal Register with the Department of Commerce's National Oceanic
and Atmospheric Administration, National Marine Fisheries Service (64
FR 32726; June 17, 1999), as well as our revisions to that policy (69
FR 24084; May 3, 2004).
On March 23, 2010, the Service published a 12-month finding in the
Federal Register (75 FR 13910) that the greater sage-grouse warrants
listing under the ESA as threatened or endangered throughout is range,
but this action was precluded by other higher priority listing actions.
In anticipation of a future listing decision by the Service, the
applicant requested assistance from the Service in developing a CCAA
addressing the needs of the greater sage-grouse on lands owned in
Churchill and Lander Counties, Nevada. Under the proposed CCAA, the
applicant will address threats to the greater sage-grouse through
implementation of conservation measures that are consistent with their
land use activities and the CCAA. Through the issuance of an EOS
permit, pursuant to section 10(a)(1)(A) of the ESA, the applicant would
be authorized to incidentally take greater sage-grouse in the course of
implementing the CCAA if the species becomes listed under the ESA in
the future, as long as
[[Page 47511]]
the terms and conditions of the permit and the CCAA are followed.
Proposed Action
The Service proposes to approve the CCAA and to issue an EOS
permit, both with a term of 20 years, to Smith Creek Ranch LTD for
incidental take of greater sage-grouse caused by covered activities, if
permit issuance criteria are met. The area to be addressed under this
proposed CCAA (i.e., covered lands) includes approximately 2,200 acres
in Churchill and Lander Counties, Nevada. Greater sage-grouse currently
use suitable habitat on the covered lands for nesting, early and late
brood-rearing, and wintering. The proposed CCAA describes the threats
to the greater sage-grouse that have been identified on the enrolled
lands, and the conservation measures the applicant will implement to
address these threats. Implementation of the conservation measures
identified in the CCAA is expected to benefit the greater sage-grouse
by (1) Maintaining tracts of unfragmented and undeveloped land; (2)
managing weeds and invasive plant species; and (3) maintaining healthy,
intact nesting, brood-rearing and wintering habitats. The CCAA has been
developed in support of a EOS permit under section 10(a)(1)(A) of the
ESA.
Consistent with our CCAA Policy (64 FR 32726), the conservation
goal of the proposed CCAA is to encourage enhancement and protection of
greater sage-grouse habitat on non-Federal lands by either maintaining
or modifying existing land uses so that they are consistent with the
conservation needs of the greater sage-grouse. We can meet this
conservation goal with the use of a CCAA by giving non-Federal
landowners incentives to implement conservation measures, primarily
through regulatory certainty concerning land-use restrictions that
might otherwise apply should the greater sage-grouse become listed
under the ESA.
We have made a preliminary determination that the proposed CCAA and
permit issuance are eligible for categorical exclusion under NEPA. The
basis for our preliminary determination is contained in an EAS, which
is available for public review (see ADDRESSES).
Public Comments
We request data, comments, new information, or suggestions from the
public, other concerned governmental agencies, the scientific
community, Tribes, industry, or any other interested party on this
notice. We particularly seek comments on the following: (1) Biological
information concerning the greater sage-grouse; (2) relevant data
concerning this species; (3) additional information concerning the
range, distribution, population size, and population trends of the
greater sage-grouse; (4) current or planned activities in the covered
area and their possible impacts on the species; (5) identification of
any other environmental issues that should be considered with regard to
the proposed permit action; and (6) information regarding the adequacy
of the CCAA pursuant to the requirements for permits at 50 CFR parts 13
and 17.
Public Availability of Comments
All comments and materials we receive become part of the public
record associated with this action. Before including your address,
phone number, email address, or other personal identifiable information
(PII) in your comments, you should be aware that your entire comment--
including your PII--may be made publically available at any time. While
you can ask us in your comment to withhold your PII from public review,
we cannot guarantee we will be able to do so. Comments and materials we
receive, as well as supporting documentation we used in preparing the
draft EAS, will be available for public inspection by appointment,
during normal business hours, at our Reno Fish and Wildlife Office (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 section 10(a)(1)(A) of the ESA and NEPA and their
implementing regulations. We will also evaluate whether issuance of an
EOS permit would comply with section 7 of the ESA by conducting an
intra-Service section 7 consultation on the proposed permit action. If
we determine that all requirements are met, we will sign the proposed
CCAA and issue an EOS permit under section 10(a)(1)(A) of the ESA to
Smith Creek Ranch LTD for incidental take of greater sage-grouse that
is likely to occur with implementation of the CCAA. We will not make
our final decision until after the end of the 30-day public comment
period, and we will fully consider all comments we receive during the
public comment period.
Authority
We provide this notice in accordance with the requirements of
section 10(c) of the ESA (16 U.S.C. 1531 et seq.) and NEPA (42 U.S.C.
4321 et seq.) and their implementing regulations (50 CFR 17.22 and 40
CFR 1506.6, respectively).
Edward D. Koch,
Field Supervisor, Reno Fish and Wildlife Office, U.S. Fish and Wildlife
Service, Reno, Nevada.
[FR Doc. 2015-19469 Filed 8-6-15; 8:45 am]
BILLING CODE 4310-55-P