80 FR 72047 - Endangered and Threatened Species; Take of Anadromous Fish

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 222 (November 18, 2015)

Page Range		72047-72048
FR Document		2015-29409

Notice is hereby given that NMFS has received an application for a new enhancement of survival permit and a request for entry into an associated proposed Programmatic Safe Harbor Agreement (Agreement) between the applicant and NMFS. The proposed Enhancement of Survival Permit and Agreement are intended to promote the survival and recovery of species listed under the Endangered Species Act (ESA). Information NMFS received as a part of the application is available to the public as a matter of public record and is available upon request by contacting the NMFS California Coastal Office in Santa Rosa, California.

Federal Register, Volume 80 Issue 222 (Wednesday, November 18, 2015)

[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Notices]
[Pages 72047-72048]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29409]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE221


Endangered and Threatened Species; Take of Anadromous Fish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Application for one new enhancement of survival permit.

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SUMMARY: Notice is hereby given that NMFS has received an application 
for a new enhancement of survival permit and a request for entry into 
an associated proposed Programmatic Safe Harbor Agreement (Agreement) 
between the applicant and NMFS. The proposed Enhancement of Survival 
Permit and Agreement are intended to promote the survival and recovery 
of species listed under the Endangered Species Act (ESA). Information 
NMFS received as a part of the application is available to the public 
as a matter of public record and is available upon request by 
contacting the NMFS California Coastal Office in Santa Rosa, 
California.

DATES: Comments or requests for a public hearing on the action proposed 
in the application or related matters must be received at the 
appropriate address or fax number (see ADDRESSES) no later than 5 p.m. 
Pacific standard time on December 18, 2015.

ADDRESSES:  You may submit comments on this document and requests for a 
public hearing, identified by NOAA-NMFS-2015-0149, by either of the 
following methods:
    Electronic Submission: Submit electronic public comments via the 
Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0149. Click the ``Comment Now!'' icon, 
complete the required fields. Enter or attach your comments.

--OR--
    Mail, Email, Fax: Submit written comments and requests for a public 
hearing to California Coastal Office, NMFS, 777 Sonoma Avenue, Room 
325, Santa Rosa, CA 95404. Comments and requests may also be submitted 
via fax to 707-578-3435 or by email to 
WCR_DryCreekValleyPSHA.comments@noaa.gov (include permit number 20032 
in the subject line of the fax or email).
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be

[[Page 72048]]

considered by NMFS. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Dan Wilson, Santa Rosa, CA (ph.: 707-
578-8555), Fax: 707-578-3435, email: 
WCR_DryCreekValleyPSHA.comments@noaa.gov).

SUPPLEMENTARY INFORMATION: 

Species Covered in This Notice

    The following listed species are covered in this notice:

Chinook salmon (Oncorhynchus tshawytscha): Threatened California 
Coastal (CC).
Coho salmon (O. kisutch): Endangered Central California Coast (CCC).
Steelhead (O. mykiss): Threatened Central California Coast (CCC).

Authority

    Enhancement of Survival Permits are issued in accordance with 
section 10(a)(1)(A) of the ESA (16 U.S.C. 1531 et seq.) and regulations 
governing listed fish and wildlife permits (50 CFR parts 222-227). NMFS 
issues permits based on findings that such permits: (1) Are applied for 
in good faith; (2) if granted and exercised, would not operate to the 
disadvantage of the listed species that are the subject of the permit; 
and (3) are consistent with the purposes and policy of section 2 of the 
ESA. The authority to take listed species is subject to conditions set 
forth in the permits.
    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 (16 U.S.C. 
1531 et seq.). 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 50 CFR 222.308(b), 222.308(c) and June 
17, 1999 (64 FR 32717). These permits allow any necessary future 
incidental take of covered species above the mutually agreed-upon 
baseline conditions for those species in accordance with the terms and 
conditions of the permits and accompanying agreements.
    An interested party may submit written data, views, arguments, or a 
request for a hearing with respect to the action proposed in the 
application or related matters. Anyone requesting a hearing on a matter 
pursuant to this notice should set out the specific reasons why a 
hearing on that matter would be appropriate (see ADDRESSES). Such 
hearings are held at the discretion of the Assistant Administrator for 
Fisheries, NMFS.

Application Received

Permit 20032

    The Sonoma County Water Agency (Applicant) is requesting an 
Enhancement of Survival Permit and approval of the associated proposed 
Agreement that was developed by NMFS and the Applicant. The Enhancement 
of Survival Permit will facilitate implementation of the Agreement that 
is expected to promote the recovery of the Covered Species on non-
federal properties within Dry Creek below Warm Springs Dam, a tributary 
to the Russian River in Sonoma County, California. The proposed 
duration of the Agreement and the associated Enhancement of Survival 
Permit is 35 years. The proposed Enhancement of Survival Permit would 
authorize the incidental taking of the Covered Species associated with 
routine viticulture activities and the potential future return of any 
property included in the Agreement to the Elevated Baseline Conditions. 
Under this Agreement, individual landowners (Cooperators) may include 
their properties by entering into a Cooperative Agreement with the 
Applicant. Each Cooperative Agreement will specify the restoration and/
or enhancement, and management activities to be carried out on that 
specific property and a timetable for implementing those activities. 
All Cooperative Agreements will be reviewed by NMFS to determine 
whether the proposed activities will result in a net conservation 
benefit for the Covered Species and meet all required standards of the 
Safe Harbor Policy (64 FR 32717). Upon NMFS approval, the Applicant 
will issue a Certificate of Inclusion to the Cooperator. Each 
Certificate of Inclusion will extend the incidental take coverage 
conferred by the Enhancement of Survival permit to the Cooperator. 
Certificates of Inclusion will be valid for a minimum of 10 years, but 
no longer than term of the Enhancement of Survival permit.
    The Agreement requires that each enrolled property adopt an 
Elevated Baseline Condition. Elevated Baseline levels for the Covered 
Species will be determined by completing the Elevated Baseline Habitat 
Worksheet (Table 1 in Attachment 3 of the Agreement), which will be 
completed by the Applicant. NMFS will review each Elevated Baseline 
determination prior to the Applicant issuing a Certificate of Inclusion 
to the Cooperator. The Agreement also contains a monitoring component 
that requires the Applicant to ensure that the Cooperators are in 
compliance with the terms and conditions of the Agreement and that the 
Elevated Baseline levels of habitat for the Covered Species occurs on 
the Enrolled Property. Results of these monitoring efforts will be 
provided to NMFS by the Applicant in annual reports for the duration of 
the 35-year permit term.
    Upon approval of this Agreement, and consistent with the NMFS's 
Safe Harbor Policy (64 FR 32717), NMFS would issue an Enhancement of 
Survival Permit to the Applicant. The Enhancement of Survival Permit 
will authorize those Cooperators who have been issued a Certificate of 
Inclusion to take Covered Species incidental to the implementation of 
the management activities specified in the Agreement, incidental to 
other lawful uses of the property including Routine Viticulture 
Activities, and to return to baseline conditions if desired. In 
addition to meeting other criteria, actions to be performed under an 
Enhancement of Survival Permit must not jeopardize the existence of 
federally listed species.
    This notice is provided pursuant to section 10(c) of the ESA. NMFS 
will evaluate the application, associated documents, and comments 
submitted to determine whether the application meets the requirements 
of section 10(a) of the ESA and Federal regulations. The final permit 
decisions will not be made until after the end of the 30-day comment 
period. NMFS will publish notice of its final action in the Federal 
Register.

    Dated: November 12, 2015.
Perry Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2015-29409 Filed 11-17-15; 8:45 am]
 BILLING CODE 3510-22-P

72048 Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Notices

considered by NMFS. All comments Survival Permits through Safe Harbor will extend the incidental take coverage
received are a part of the public record Agreements are found in 50 CFR conferred by the Enhancement of
and will generally be posted for public 222.308(b), 222.308(c) and June 17, 1999 Survival permit to the Cooperator.
viewing on www.regulations.gov (64 FR 32717). These permits allow any Certificates of Inclusion will be valid for
without change. All personal identifying necessary future incidental take of a minimum of 10 years, but no longer
information (e.g., name, address, etc.), covered species above the mutually than term of the Enhancement of
confidential business information, or agreed-upon baseline conditions for Survival permit.
otherwise sensitive information those species in accordance with the The Agreement requires that each
submitted voluntarily by the sender will terms and conditions of the permits and enrolled property adopt an Elevated
be publicly accessible. NMFS will accompanying agreements. Baseline Condition. Elevated Baseline
accept anonymous comments (enter An interested party may submit levels for the Covered Species will be
‘‘N/A’’ in the required fields if you wish written data, views, arguments, or a determined by completing the Elevated
to remain anonymous). request for a hearing with respect to the Baseline Habitat Worksheet (Table 1 in
FOR FURTHER INFORMATION CONTACT: Dan action proposed in the application or Attachment 3 of the Agreement), which
Wilson, Santa Rosa, CA (ph.: 707–578– related matters. Anyone requesting a will be completed by the Applicant.
8555), Fax: 707–578–3435, email: WCR_ hearing on a matter pursuant to this NMFS will review each Elevated
DryCreekValleyPSHA.comments@noaa. notice should set out the specific Baseline determination prior to the
gov). reasons why a hearing on that matter Applicant issuing a Certificate of
would be appropriate (see ADDRESSES). Inclusion to the Cooperator. The
SUPPLEMENTARY INFORMATION: Agreement also contains a monitoring
Such hearings are held at the discretion
Species Covered in This Notice of the Assistant Administrator for component that requires the Applicant
Fisheries, NMFS. to ensure that the Cooperators are in
The following listed species are
compliance with the terms and
covered in this notice: Application Received conditions of the Agreement and that
Chinook salmon (Oncorhynchus Permit 20032 the Elevated Baseline levels of habitat
tshawytscha): Threatened California for the Covered Species occurs on the
Coastal (CC). The Sonoma County Water Agency
(Applicant) is requesting an Enrolled Property. Results of these
Coho salmon (O. kisutch): Endangered monitoring efforts will be provided to
Central California Coast (CCC). Enhancement of Survival Permit and
approval of the associated proposed NMFS by the Applicant in annual
Steelhead (O. mykiss): Threatened reports for the duration of the 35-year
Central California Coast (CCC). Agreement that was developed by
NMFS and the Applicant. The permit term.
Authority Enhancement of Survival Permit will Upon approval of this Agreement, and
facilitate implementation of the consistent with the NMFS’s Safe Harbor
Enhancement of Survival Permits are
Agreement that is expected to promote Policy (64 FR 32717), NMFS would
issued in accordance with section
the recovery of the Covered Species on issue an Enhancement of Survival
10(a)(1)(A) of the ESA (16 U.S.C. 1531
non-federal properties within Dry Creek Permit to the Applicant. The
et seq.) and regulations governing listed
below Warm Springs Dam, a tributary to Enhancement of Survival Permit will
fish and wildlife permits (50 CFR parts
the Russian River in Sonoma County, authorize those Cooperators who have
222–227). NMFS issues permits based
California. The proposed duration of the been issued a Certificate of Inclusion to
on findings that such permits: (1) Are
Agreement and the associated take Covered Species incidental to the
applied for in good faith; (2) if granted
Enhancement of Survival Permit is 35 implementation of the management
and exercised, would not operate to the
years. The proposed Enhancement of activities specified in the Agreement,
disadvantage of the listed species that
Survival Permit would authorize the incidental to other lawful uses of the
are the subject of the permit; and (3) are
incidental taking of the Covered Species property including Routine Viticulture
consistent with the purposes and policy
associated with routine viticulture Activities, and to return to baseline
of section 2 of the ESA. The authority
activities and the potential future return conditions if desired. In addition to
to take listed species is subject to
of any property included in the meeting other criteria, actions to be
conditions set forth in the permits.
Under a Safe Harbor Agreement, Agreement to the Elevated Baseline performed under an Enhancement of
participating landowners voluntarily Conditions. Under this Agreement, Survival Permit must not jeopardize the
undertake management activities on individual landowners (Cooperators) existence of federally listed species.
This notice is provided pursuant to
their property to enhance, restore, or may include their properties by entering
section 10(c) of the ESA. NMFS will
maintain habitat benefiting species into a Cooperative Agreement with the
evaluate the application, associated
listed under the Act (16 U.S.C. 1531 et Applicant. Each Cooperative Agreement
documents, and comments submitted to
seq.). Safe Harbor Agreements, and the will specify the restoration and/or
determine whether the application
subsequent Enhancement of Survival enhancement, and management
meets the requirements of section 10(a)
Permits that are issued pursuant to activities to be carried out on that
of the ESA and Federal regulations. The
section 10(a)(1)(A) of the Act, encourage specific property and a timetable for
final permit decisions will not be made
private and other non-Federal property implementing those activities. All
until after the end of the 30-day
owners to implement conservation Cooperative Agreements will be
comment period. NMFS will publish
efforts for listed species by assuring reviewed by NMFS to determine
asabaliauskas on DSK5VPTVN1PROD with NOTICES

notice of its final action in the Federal
property owners that they will not be whether the proposed activities will
Register.
subjected to increased property use result in a net conservation benefit for
restrictions as a result of their efforts to the Covered Species and meet all Dated: November 12, 2015.
attract listed species to their property or required standards of the Safe Harbor Perry Gayaldo,
to increase the numbers or distribution Policy (64 FR 32717). Upon NMFS Deputy Director, Office of Protected
of listed species already on their approval, the Applicant will issue a Resources, National Marine Fisheries Service.
property. Application requirements and Certificate of Inclusion to the [FR Doc. 2015–29409 Filed 11–17–15; 8:45 am]
issuance criteria for Enhancement of Cooperator. Each Certificate of Inclusion BILLING CODE 3510–22–P

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Document Created: 2018-03-01 11:20:35
Document Modified: 2018-03-01 11:20:35

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Application for one new enhancement of survival permit.
Dates		Comments or requests for a public hearing on the action proposed in the application or related matters must be received at the
Contact		Dan Wilson, Santa Rosa, CA (ph.: 707- 578-8555), Fax: 707-578-3435, email: [email protected]).
FR Citation		80 FR 72047
RIN Number		0648-XE22

80 FR 72047 - Endangered and Threatened Species; Take of Anadromous Fish

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 222 (November 18, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration