80_FR_36964 80 FR 36841 - Proposed Safe Harbor Agreement for the Shasta Crayfish on Rock Creek, in Shasta County, California

80 FR 36841 - Proposed Safe Harbor Agreement for the Shasta Crayfish on Rock Creek, in Shasta County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 123 (June 26, 2015)

Page Range36841-36842
FR Document2015-15708

This notice advises the public that Pacific Gas and Electric Company (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an Enhancement of Survival permit under the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposed safe harbor agreement (agreement) between the applicant and the Service for the federally endangered Shasta crayfish. The agreement is available for public comment.

Federal Register, Volume 80 Issue 123 (Friday, June 26, 2015)
[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Notices]
[Pages 36841-36842]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15708]



[[Page 36841]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2014-N106; FXHC-1113-0000-F3]


Proposed Safe Harbor Agreement for the Shasta Crayfish on Rock 
Creek, in Shasta County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; receipt of application.

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SUMMARY: This notice advises the public that Pacific Gas and Electric 
Company (applicant) has applied to the U.S. Fish and Wildlife Service 
(Service) for an Enhancement of Survival permit under the Endangered 
Species Act of 1973, as amended (Act). The permit application includes 
a proposed safe harbor agreement (agreement) between the applicant and 
the Service for the federally endangered Shasta crayfish. The agreement 
is available for public comment.

DATES: To ensure consideration, please send your written comments by 
July 27, 2015.

ADDRESSES: Send comments to Mr. Rick Kuyper, via U.S. mail at U.S. Fish 
and Wildlife Service, 2800 Cottage Way, Room W-2605, Sacramento, CA 
95825, or via email at [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Rick Kuyper, Sacramento Fish and 
Wildlife Office (see ADDRESSES); telephone: (916) 414-6649.

SUPPLEMENTARY INFORMATION: This notice advises the public that Pacific 
Gas and Electric Company (applicant) has applied to the U.S. Fish and 
Wildlife Service (Service) for an Enhancement of Survival permit under 
the Act (16 U.S.C. 1531 et seq.). The permit application includes a 
proposed safe harbor agreement (agreement) between the applicant and 
the Service for the federally endangered Shasta crayfish (Pacifastacus 
fortis). The agreement is available for public comment.

Availability of Documents

    You may obtain copies of the document for review by contacting the 
individual named above. You may also make an appointment to view the 
document at the above address during normal business hours.

Background

    Under a safe harbor agreement, participating landowners voluntarily 
undertake management activities on their property to enhance, restore, 
or maintain habitat benefiting species listed under the Act. Safe 
harbor agreements, and the subsequent enhancement of survival permits 
that are issued pursuant to section 10(a)(1)(A) of the Act, encourage 
private and other non-Federal property owners to implement conservation 
efforts for listed species by assuring property owners that they will 
not be subjected to increased property use restrictions as a result of 
their efforts to attract listed species to their property, or to 
increase the numbers or distribution of listed species already on their 
property. Application requirements and issuance criteria for 
enhancement of survival permits through safe harbor agreements are 
found in the Code of Federal Regulations (CFR) at 50 CFR 17.22(c) and 
17.32(c). An enhancement of survival permit allows any necessary future 
incidental take of species above the mutually agreed upon baseline 
conditions for the species, as long as the take is in accordance with 
the terms and conditions of the permit and accompanying agreement. The 
federally endangered Shasta crayfish is also listed as endangered under 
the California Endangered Species Act, and the Service has worked 
closely with the California Department of Fish and Wildlife during the 
development of this safe harbor agreement.

Proposed Safe Harbor Agreement for the Shasta Crayfish

    The agreement would cover a 200-foot buffer along both sides of 
Rock Creek located on the applicant's property (enrolled property). One 
section of Rock Creek, known as the Upper Pool, has no direct inflow or 
outflow from surface waterways and is fed by an isolated spring that 
flows from an extensive basalt lava flow. The Upper Pool has barriers 
both upstream and downstream that prevent species that prey upon, or 
compete with, Shasta crayfish from entering. Currently, Rock Creek does 
not contain Shasta crayfish, predatory species, or nonnative crayfish 
that would compete with and prey upon the Shasta crayfish. Because the 
Upper Pool does not contain Shasta crayfish, the baseline for the 
agreement would be zero individuals, but the existing habitat would 
remain in place. Other native aquatic flora and fauna that could be 
important for Shasta crayfish are present and plentiful. The applicant 
has agreed to allow the Service to relocate Shasta crayfish from 
another nearby location to the Upper Pool which will establish a new 
population within the species' historical range. Some incidental take 
of Shasta crayfish could occur in the future during routine maintenance 
and operation activities, timber management activities, and other 
activities as described in the agreement. These activities would be 
conducted by the applicant and also by Crystal Lake Fish Hatchery 
staff. Should the applicant elect to return the enrolled property to 
baseline conditions, the agreement has a provision that allows the 
Service access to the property to capture and relocate Shasta crayfish 
to other suitable habitat. The agreement would be in effect until 2043.
    Upon approval of this agreement and satisfactory completion of all 
other applicable legal requirements, and consistent with the Service's 
Safe Harbor Policy (64 FR 32717), the Service would issue an 
enhancement of survival permit to the applicant. This permit will 
authorize the applicant to take Shasta crayfish incidental to the 
following: (1) Implementation of the management activities specified in 
the agreement; (2) other lawful uses of the property, including ongoing 
and routine land management activities; and (3) a return to baseline 
conditions, if desired by the applicant.
    An applicant would receive assurances under our ``No Surprises'' 
regulations (50 CFR 17.22(c)(5) and 17.32(c)(5)) for Shasta crayfish. 
In addition to meeting other criteria, actions to be performed under an 
enhancement of survival permit must not jeopardize the existence of 
federally listed fish, wildlife, or plants.

Public Review and Comments

    The Service has made a preliminary determination that the proposed 
agreement and permit application are eligible for categorical exclusion 
under the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 
4321 et seq.). We explain the basis for this determination in an 
environmental action statement, which is also available for public 
review.
    Individuals wishing copies of the environmental action statement, 
and/or copies of the full text of the agreement, including a map of the 
proposed permit area, should contact the office and personnel listed in 
the ADDRESSES section above.
    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 in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

[[Page 36842]]

    The Service will evaluate this permit application, associated 
documents, and comments submitted thereon to determine whether the 
permit application meets the requirements of section 10(a) of the Act 
and NEPA regulations. If the Service determines that the requirements 
are met, we will sign the proposed agreement and issue an enhancement 
of survival permit under section 10(a)(1)(A) of the Act to the 
applicant for take of the Shasta crayfish incidental to otherwise 
lawful activities in accordance with the terms of the agreement. The 
Service will not make our final decision until after the end of the 30-
day comment period and will fully consider all comments received during 
the comment period.

Authority

    The Service provides this notice pursuant to section 10(c) of the 
Act and pursuant to implementing regulations for NEPA (40 CFR 1506.6).

Jennifer M. Norris,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento, 
California.
[FR Doc. 2015-15708 Filed 6-25-15; 8:45 am]
 BILLING CODE 4310-55-P



                                                                              Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Notices                                            36841

                                              DEPARTMENT OF THE INTERIOR                              maintain habitat benefiting species                    operation activities, timber management
                                                                                                      listed under the Act. Safe harbor                      activities, and other activities as
                                              Fish and Wildlife Service                               agreements, and the subsequent                         described in the agreement. These
                                              [FWS–R8–ES–2014–N106; FXHC–1113–                        enhancement of survival permits that                   activities would be conducted by the
                                              0000–F3]                                                are issued pursuant to section                         applicant and also by Crystal Lake Fish
                                                                                                      10(a)(1)(A) of the Act, encourage private              Hatchery staff. Should the applicant
                                              Proposed Safe Harbor Agreement for                      and other non-Federal property owners                  elect to return the enrolled property to
                                              the Shasta Crayfish on Rock Creek, in                   to implement conservation efforts for                  baseline conditions, the agreement has a
                                              Shasta County, California                               listed species by assuring property                    provision that allows the Service access
                                                                                                      owners that they will not be subjected                 to the property to capture and relocate
                                              AGENCY:   Fish and Wildlife Service,                    to increased property use restrictions as              Shasta crayfish to other suitable habitat.
                                              Interior.                                               a result of their efforts to attract listed            The agreement would be in effect until
                                              ACTION: Notice of availability; receipt of              species to their property, or to increase              2043.
                                              application.                                            the numbers or distribution of listed                     Upon approval of this agreement and
                                                                                                      species already on their property.                     satisfactory completion of all other
                                              SUMMARY:   This notice advises the public               Application requirements and issuance                  applicable legal requirements, and
                                              that Pacific Gas and Electric Company                   criteria for enhancement of survival                   consistent with the Service’s Safe
                                              (applicant) has applied to the U.S. Fish                permits through safe harbor agreements                 Harbor Policy (64 FR 32717), the Service
                                              and Wildlife Service (Service) for an                   are found in the Code of Federal                       would issue an enhancement of survival
                                              Enhancement of Survival permit under                    Regulations (CFR) at 50 CFR 17.22(c)                   permit to the applicant. This permit will
                                              the Endangered Species Act of 1973, as                  and 17.32(c). An enhancement of                        authorize the applicant to take Shasta
                                              amended (Act). The permit application                   survival permit allows any necessary                   crayfish incidental to the following: (1)
                                              includes a proposed safe harbor                         future incidental take of species above                Implementation of the management
                                              agreement (agreement) between the                       the mutually agreed upon baseline                      activities specified in the agreement; (2)
                                              applicant and the Service for the                       conditions for the species, as long as the             other lawful uses of the property,
                                              federally endangered Shasta crayfish.                   take is in accordance with the terms and               including ongoing and routine land
                                              The agreement is available for public                   conditions of the permit and                           management activities; and (3) a return
                                              comment.                                                accompanying agreement. The federally                  to baseline conditions, if desired by the
                                              DATES:  To ensure consideration, please                 endangered Shasta crayfish is also listed              applicant.
                                              send your written comments by July 27,                  as endangered under the California                        An applicant would receive
                                              2015.                                                   Endangered Species Act, and the                        assurances under our ‘‘No Surprises’’
                                                                                                      Service has worked closely with the                    regulations (50 CFR 17.22(c)(5) and
                                              ADDRESSES: Send comments to Mr. Rick
                                                                                                      California Department of Fish and                      17.32(c)(5)) for Shasta crayfish. In
                                              Kuyper, via U.S. mail at U.S. Fish and
                                                                                                      Wildlife during the development of this                addition to meeting other criteria,
                                              Wildlife Service, 2800 Cottage Way,
                                                                                                      safe harbor agreement.                                 actions to be performed under an
                                              Room W–2605, Sacramento, CA 95825,
                                                                                                                                                             enhancement of survival permit must
                                              or via email at richard_kuyper@fws.gov.                 Proposed Safe Harbor Agreement for                     not jeopardize the existence of federally
                                              FOR FURTHER INFORMATION CONTACT: Mr.                    the Shasta Crayfish                                    listed fish, wildlife, or plants.
                                              Rick Kuyper, Sacramento Fish and                          The agreement would cover a 200-foot
                                              Wildlife Office (see ADDRESSES);                        buffer along both sides of Rock Creek                  Public Review and Comments
                                              telephone: (916) 414–6649.                              located on the applicant’s property                       The Service has made a preliminary
                                              SUPPLEMENTARY INFORMATION: This                         (enrolled property). One section of Rock               determination that the proposed
                                              notice advises the public that Pacific                  Creek, known as the Upper Pool, has no                 agreement and permit application are
                                              Gas and Electric Company (applicant)                    direct inflow or outflow from surface                  eligible for categorical exclusion under
                                              has applied to the U.S. Fish and                        waterways and is fed by an isolated                    the National Environmental Policy Act
                                              Wildlife Service (Service) for an                       spring that flows from an extensive                    of 1969 (NEPA; 42 U.S.C. 4321 et seq.).
                                              Enhancement of Survival permit under                    basalt lava flow. The Upper Pool has                   We explain the basis for this
                                              the Act (16 U.S.C. 1531 et seq.). The                   barriers both upstream and downstream                  determination in an environmental
                                              permit application includes a proposed                  that prevent species that prey upon, or                action statement, which is also available
                                              safe harbor agreement (agreement)                       compete with, Shasta crayfish from                     for public review.
                                              between the applicant and the Service                   entering. Currently, Rock Creek does not                  Individuals wishing copies of the
                                              for the federally endangered Shasta                     contain Shasta crayfish, predatory                     environmental action statement, and/or
                                              crayfish (Pacifastacus fortis). The                     species, or nonnative crayfish that                    copies of the full text of the agreement,
                                              agreement is available for public                       would compete with and prey upon the                   including a map of the proposed permit
                                              comment.                                                Shasta crayfish. Because the Upper Pool                area, should contact the office and
                                                                                                      does not contain Shasta crayfish, the                  personnel listed in the ADDRESSES
                                              Availability of Documents                               baseline for the agreement would be                    section above.
                                                You may obtain copies of the                          zero individuals, but the existing habitat               Before including your address, phone
                                              document for review by contacting the                   would remain in place. Other native                    number, email address, or other
                                              individual named above. You may also                    aquatic flora and fauna that could be                  personal identifying information in your
                                              make an appointment to view the                         important for Shasta crayfish are present              comment, you should be aware that
                                              document at the above address during                    and plentiful. The applicant has agreed                your entire comment—including your
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                                              normal business hours.                                  to allow the Service to relocate Shasta                personal identifying information—may
                                                                                                      crayfish from another nearby location to               be made publicly available at any time.
                                              Background                                              the Upper Pool which will establish a                  While you can ask us in your comment
                                                Under a safe harbor agreement,                        new population within the species’                     to withhold your personal identifying
                                              participating landowners voluntarily                    historical range. Some incidental take of              information from public review, we
                                              undertake management activities on                      Shasta crayfish could occur in the future              cannot guarantee that we will be able to
                                              their property to enhance, restore, or                  during routine maintenance and                         do so.


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                                              36842                           Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Notices

                                                The Service will evaluate this permit                 Information and Regulatory Affairs,                    asked in languages other than English
                                              application, associated documents, and                  OMB, by email at oira_docket@                          (e.g., Spanish) where appropriate.
                                              comments submitted thereon to                           omb.eop.gov or by fax at 202–395–5806.                    Topic areas serve as a guide within
                                              determine whether the permit                            Please also send a copy of your                        which the bureaus and offices will
                                              application meets the requirements of                   comments to the Department of the                      develop questions. No one survey will
                                              section 10(a) of the Act and NEPA                       Interior; Office of Policy Analysis;                   cover all the topic areas. The topic areas
                                              regulations. If the Service determines                  Attention: Don Bieniewicz; Mail Stop                   include:
                                              that the requirements are met, we will                  3530; 1849 C Street NW., Washington,                      (1) Delivery, quality and value of
                                              sign the proposed agreement and issue                   DC 20240, or by fax to 202–208–4867,                   products, information, and services.
                                              an enhancement of survival permit                       or by email to Donald_Bieniewicz@                      Respondents may be asked for feedback
                                              under section 10(a)(1)(A) of the Act to                 ios.doi.gov. Reference ‘‘DOI                           regarding the following attributes of the
                                              the applicant for take of the Shasta                    Programmatic Clearance for Customer                    information, service, and products
                                              crayfish incidental to otherwise lawful                 Satisfaction Surveys’’ in your email                   provided:
                                              activities in accordance with the terms                 subject line. Include your name and                       (a) Timeliness
                                              of the agreement. The Service will not                  return address in your email message                      (b) Consistency
                                              make our final decision until after the                 and mark your message for return                          (c) Accuracy
                                              end of the 30-day comment period and                    receipt.                                                  (d) Ease of Use and Usefulness
                                              will fully consider all comments                                                                                  (e) Ease of Information Access
                                                                                                      FOR FURTHER INFORMATION CONTACT:     Don                  (f) Helpfulness
                                              received during the comment period.
                                                                                                      Bieniewicz on 202–208–4915. You may                       (g) Quality
                                              Authority                                               also review the submitted information                     (h) Value for fee paid for information/
                                                The Service provides this notice                      collection request online at http://                   product/service.
                                              pursuant to section 10(c) of the Act and                www.reginfo.gov. Follow the                               (2) Management practices. This area
                                              pursuant to implementing regulations                    instructions to review Department of the               covers questions relating to how well
                                              for NEPA (40 CFR 1506.6).                               Interior collections under review by                   customers are satisfied with DOI
                                                                                                      OMB.                                                   management practices and processes,
                                              Jennifer M. Norris,                                                                                            what improvements they might make to
                                                                                                      SUPPLEMENTARY INFORMATION:
                                              Field Supervisor, Sacramento Fish and                                                                          specific processes, and whether or not
                                              Wildlife Office, Sacramento, California.                I. Abstract                                            they feel specific issues were addressed
                                              [FR Doc. 2015–15708 Filed 6–25–15; 8:45 am]
                                                                                                         The Government Performance and                      and reconciled in a timely, courteous,
                                              BILLING CODE 4310–55–P
                                                                                                      Results Act of 1993 (GPRA) (Pub. L.                    and responsive manner.
                                                                                                                                                                (3) Mission management. We will ask
                                                                                                      103–62) requires agencies to ‘‘improve
                                                                                                                                                             customers to provide satisfaction data
                                              DEPARTMENT OF THE INTERIOR                              Federal program effectiveness and
                                                                                                                                                             related to DOI’s ability to protect,
                                                                                                      public accountability by promoting a
                                                                                                                                                             conserve, provide access to, provide
                                              Office of the Secretary                                 new focus on results, service quality,
                                                                                                                                                             scientific data about, and preserve
                                                                                                      and customer satisfaction.’’ In order to
                                              [156D0102DM DLSN00000.000000                                                                                   natural, cultural, and recreational
                                                                                                      fulfill this responsibility, DOI bureaus
                                              DS61200000 DX61201]                                                                                            resources that we manage, and how well
                                                                                                      and offices must collect data from their
                                                                                                                                                             we are carrying out our trust
                                              Renewal of Information Collection;                      respective user groups to better
                                                                                                                                                             responsibilities to American Indians.
                                              OMB Control Number 1040–0001, DOI                       understand the needs and desires of the                   (4) Rules, regulations, policies. This
                                              Programmatic Clearance for Customer                     public and to respond accordingly. E.O.                area focuses on obtaining feedback from
                                              Satisfaction Surveys                                    12862 ‘‘Setting Customer Service                       customers regarding fairness, adequacy,
                                                                                                      Standards’’ also requires all executive                and consistency in enforcing rules,
                                              AGENCY:  Department of the Interior.                    departments to ‘‘survey customers to                   regulations, and policies for which DOI
                                              ACTION: Notice of submission to OMB;                    determine . . . their level of satisfaction            is responsible. It will also help us
                                              request for comments.                                   with existing services.’’ E.O. 13571                   understand public awareness of rules
                                                                                                      ‘‘Streamlining Service Delivery and                    and regulations and whether or not they
                                              SUMMARY:   We (Department of the                        Improving Customer Service’’ further
                                              Interior, DOI) have submitted a request                                                                        are explained in a clear and
                                                                                                      mandates ‘‘establishing mechanisms to                  understandable manner.
                                              to the Office of Management and Budget                  solicit customer feedback on                              (5) Interactions with DOI Personnel
                                              (OMB) to approve the information                        Government services and using such                     and Contractors. Questions will range
                                              collection (IC) described below. This IC                feedback regularly to make service                     from timeliness and quality of
                                              is scheduled to expire June 30, 2015. As                improvements.’’                                        interactions to skill level of staff
                                              required by the Paperwork Reduction                        We use customer satisfaction surveys                providing the assistance, as well as their
                                              Act of 1995 and as part of our                          to help us fulfill our responsibilities to             courtesy and responsiveness during the
                                              continuing efforts to reduce paperwork                  provide excellence in government by                    interaction.
                                              and respondent burden, we invite the                    proactively consulting with those we                      (6) General demographics. Some
                                              general public and other Federal                        serve. This programmatic clearance                     general demographics may be gathered
                                              agencies to take this opportunity to                    provides an expedited approval process                 to augment satisfaction questions so that
                                              comment on this IC.                                     for DOI bureaus and offices to conduct                 we can better understand the customer
                                              DATES: OMB has 60 days to review this                   customer research through external                     and improve how we serve that
                                              request but may act after 30 days,
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                                                                                                      surveys such as questionnaires and                     customer. We may ask customers how
                                              therefore you should submit your                        comment cards.                                         many times they have used a service,
                                              comments on or before July 27, 2015.                       The proposed renewal covers all of                  visited a facility within a specific
                                              ADDRESSES: You may submit your                          the organizational units and bureaus in                timeframe, their ethnic group, or their
                                              comments directly to the Desk Officer                   DOI. Information obtained from                         race.
                                              for the Department of the Interior (OMB                 customers by bureaus and offices will be                  All requests to collect information
                                              control #1040–0001), Office of                          provided voluntarily. Questions may be                 under the auspices of this proposed


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Document Created: 2015-12-15 14:14:24
Document Modified: 2015-12-15 14:14:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; receipt of application.
DatesTo ensure consideration, please send your written comments by July 27, 2015.
ContactMr. Rick Kuyper, Sacramento Fish and
FR Citation80 FR 36841 

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