81 FR 21587 - Application for an Enhancement of Survival Permit for the Proposed Springs Preserve Safe Harbor Agreement, Las Vegas, Clark County, Nevada
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 70 (April 12, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 70 (April 12, 2016)
| Page Range | 21587-21588 | |
| FR Document | 2016-08344 |
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)] [Notices] [Pages 21587-21588] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08344] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-ES-2016-N049; FXES11130800000-167-FF08ENVS00] Application for an Enhancement of Survival Permit for the Proposed Springs Preserve Safe Harbor Agreement, Las Vegas, Clark County, Nevada AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; receipt of application and request for comment. ----------------------------------------------------------------------- SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have received an application from the Las Vegas Valley Water District (applicant) 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 (SHA) between the applicant and the Service. The SHA provides for voluntary activities that will contribute to the recovery of the Pahrump poolfish. We have 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). DATES: Written comments must be received on or before May 12, 2016. ADDRESSES: Comments should be addressed to Michael J. Senn, Field Supervisor, by U.S. mail at Southern Nevada Fish and Wildlife Office, 4701 North Torrey Pines Drive, Las Vegas, NV 89130; or by fax to 702- 515-5231 (see Public Review and Comment under SUPPLEMENTARY INFORMATION). FOR FURTHER INFORMATION CONTACT: James Harter, Fish Biologist, at the Southern Nevada Fish and Wildlife Office address, or by telephone at 702-515-5230. SUPPLEMENTARY INFORMATION: We have received an application from the Las Vegas Valley Water District (applicant) for an enhancement of survival permit under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.). The permit application includes a proposed safe harbor agreement (SHA) between the applicant and the Service. The SHA provides for voluntary habitat restoration, maintenance, enhancement, or creation activities that will contribute to the recovery of the Pahrump poolfish (Empetrichthys latos). The proposed duration of both the SHA and permit is for 15 years, with an option to extend an additional 15 years. [[Page 21588]] We have 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 is also available for public review. Background The primary objective of this SHA is to encourage voluntary creation and maintenance of habitat to benefit the Pahrump poolfish by assuring the property owners that they will not be subjected to increased property use restrictions as a result of their efforts to establish a population of a listed species on their property, to increase the distribution and number of refugia within the range of the listed species. Application requirements and issuance criteria for enhancement of survival permits through SHAs are found in 50 CFR 17.22 and 17.32(c). As long as the enrolled landowner allows the agreed-upon conservation measures to be completed on their property and maintains 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 Pahrump poolfish or harm to their habitat as described in the SHA. The landowner has suitable habitat for the establishment of a refugium that will contribute to the conservation of the species. The applicant has provided a SHA to the Service that includes: (1) A map of the property and its legal description; (2) a description of existing biological community, including nonnative aquatic species and sensitive or protected species; (3) the portion of the property to be enrolled and its acreage; (4) a description of the habitat types that occur on the property to be enrolled, including a description of the ponds and other aquatic habitats; and (5) current land use practices and existing developments, and the characteristics of water supplies to aquatic habitats. The applicant, as the permittee, will be responsible for annual monitoring and reporting related to implementation of the SHA and fulfillment of their provisions. As specified in the SHA, the applicant will issue yearly reports to the Service related to implementation of the program. Therefore, we have made a preliminary determination that our proposed issuance of the requested permit qualifies as a categorical exclusion under the National Environmental Policy Act, as provided by Department of the Interior implementing regulations in part 46 of title 43 of the Code of Federal Regulations (43 CFR 46.205, 46.210, and 46.215), 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 other environmental values or resources; and (3) impacts of the SHA, considered together with impacts of other past, present, and reasonably foreseeable similarly situated projects, would not result, over time, in cumulative effects to environmental values or resources that 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. We will consider public comments in making our 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 FOR FURTHER INFORMATION CONTACT section or obtain copies from our Web site, http://www.fws.gov/nevada. Documents also will be available for public inspection, by appointment, during normal business hours at our office (see ADDRESSES). 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. 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 Pahrump poolfish incidental to otherwise lawful activities of the project. We will not make a final decision until after the end of the 30-day comment period, and we will fully consider all comments received during the comment period. Authority We provide this notice under section 10(c) of the Act (16 U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22 and 17.32), and the National Environmental Policy Act (42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR 1506.6). Dated: March 31, 2016. Michael J. Senn, Field Supervisor, Southern Nevada Fish and Wildlife Office, Las Vegas, Nevada. [FR Doc. 2016-08344 Filed 4-11-16; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices 21587
the applicant’s construction activities Therefore, our proposed issuance of DEPARTMENT OF THE INTERIOR
associated with the development of the requested incidental take permit
residential houses in the City of qualifies as a categorical exclusion Fish and Wildlife Service
Redlands. The applicant’s revised HCP under the National Environmental
identifies a no-build alternative that Policy Act, as provided by Department [FWS–R8–ES–2016–N049;
would not result in additional of the Interior implementing regulations FXES11130800000–167–FF08ENVS00]
incidental take of SBKR; however, it is in part 46 of title 43 of the Code of
infeasible for the applicant to accept Application for an Enhancement of
Federal Regulations (43 CFR 46.205, Survival Permit for the Proposed
this alternative, as it would result in no 46.210, and 46.215). Based on our
development of the land and associated Springs Preserve Safe Harbor
review of public comments we receive Agreement, Las Vegas, Clark County,
infrastructure improvements necessary in response to this notice, we may revise
to the City of Redlands and surrounding Nevada
this preliminary determination.
community. The revised HCP also AGENCY: Fish and Wildlife Service,
examined participation in a regional Public Review Interior.
HCP as an alternative to an individual
The Service invites the public to ACTION: Notice of availability; receipt of
HCP. This alternative plan is infeasible
comment on the application to amend application and request for comment.
because there is currently no completed
regional plan, and the timing for the permit, including the revised HCP, SUMMARY: We, the U.S. Fish and
completion of a regional plan is during the public comment period. Wildlife Service (Service), have received
unknown. Copies of the documents will be an application from the Las Vegas
available during a 30-day public Valley Water District (applicant) for an
Our Preliminary Determination
comment period (see DATES). If you wish enhancement of survival permit under
We invite comments on our to comment, you may submit your the Endangered Species Act of 1973, as
preliminary determination that our comments to the address listed in amended (Act). The permit application
proposed action, based on the ADDRESSES. Before including your includes a proposed safe harbor
applicant’s proposed activities to address, phone number, email address, agreement (SHA) between the applicant
expand SBKR translocation or other personal identifying and the Service. The SHA provides for
minimization and mitigation measures, information in your comment, you voluntary activities that will contribute
would have a minor or negligible effect should be aware that your entire to the recovery of the Pahrump poolfish.
on SBKR, and that the revised HCP comment—including your personal We have made a preliminary
qualifies as ‘‘low effect’’ as defined by identifying information—may be made determination that the proposed SHA
our Habitat Conservation Planning publicly available at any time. While and permit application are eligible for
Handbook (November 1996). categorical exclusion under the National
you may ask us in your comment to
We base our determination that this Environmental Policy Act of 1969
withhold your personal identifying
HCP qualifies as a low-effect plan on the (NEPA).
information from public review, we
following three criteria:
cannot guarantee that we will be able to DATES: Written comments must be
1. Implementation of the HCP would
result in minor or negligible effects on do so. received on or before May 12, 2016.
federally listed, proposed, and Next Steps ADDRESSES: Comments should be
candidate species and their habitats; addressed to Michael J. Senn, Field
2. Implementation of the HCP would We will evaluate the revised HCP and Supervisor, by U.S. mail at Southern
result in minor or negligible effects on comments we receive to determine Nevada Fish and Wildlife Office, 4701
other environmental values or whether the application for a permit North Torrey Pines Drive, Las Vegas, NV
resources; and amendment meets the requirements and 89130; or by fax to 702–515–5231 (see
3. Impacts of the HCP, considered issuance criteria under section 10(a) of Public Review and Comment under
together with the impacts of other past, the Act (16 U.S.C. 1531 et seq.). We will SUPPLEMENTARY INFORMATION).
present, and reasonably foreseeable also evaluate whether issuance of an FOR FURTHER INFORMATION CONTACT:
similarly situated projects, would not amended section 10(a)(1)(B) incidental James Harter, Fish Biologist, at the
result, over time, in cumulative effects take permit would comply with section Southern Nevada Fish and Wildlife
to environmental values or resources 7 of the Act by reinitiating intra-Service Office address, or by telephone at 702–
that would be considered significant. consultation. We will use the results of 515–5230.
As more fully explained in our the reinitiation, in combination with the SUPPLEMENTARY INFORMATION: We have
associated low-effect screening form, the above findings, in our final analysis to received an application from the Las
applicant’s revised HCP qualifies as a determine whether or not to issue a Vegas Valley Water District (applicant)
low-effect HCP for the following permit amendment. If the requirements for an enhancement of survival permit
reasons: and issuance criteria under section 10(a) under the Endangered Species Act of
1. The project is small in size and the are met, we will issue the permit 1973, as amended (Act; 16 U.S.C. 1531
loss of this habitat would not jeopardize amendment to the applicant for et seq.). The permit application includes
the continued existence of the SBKR. a proposed safe harbor agreement (SHA)
incidental take of SBKR associated with
2. The project site is not in designated between the applicant and the Service.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
expanded translocation activities.
critical habitat for the SBKR. The SHA provides for voluntary habitat
3. The translocation of additional Scott A. Sobiech, restoration, maintenance, enhancement,
SBKR off of the project site to conserved Acting Field Supervisor, Carlsbad Fish and or creation activities that will contribute
receiver sites would increase the local Wildlife Office, Carlsbad, California. to the recovery of the Pahrump poolfish
genetic diversity of SBKR at multiple [FR Doc. 2016–08345 Filed 4–11–16; 8:45 am] (Empetrichthys latos). The proposed
locations in the Santa Ana River BILLING CODE 4333–15–P
duration of both the SHA and permit is
watershed, contributing to species for 15 years, with an option to extend
recovery. an additional 15 years.
VerDate Sep<11>2014 17:18 Apr 11, 2016 Jkt 238001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1](https://thefederalregister.org/doc/81_FR_21657/page/1.svg)
![21588 Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices
We have made a preliminary implementing regulations in part 46 of otherwise lawful activities of the
determination that the proposed SHA title 43 of the Code of Federal project. We will not make a final
and permit application are eligible for Regulations (43 CFR 46.205, 46.210, and decision until after the end of the 30-
categorical exclusion under the National 46.215), based on the following criteria: day comment period, and we will fully
Environmental Policy Act of 1969 (1) Implementation of the SHA would consider all comments received during
(NEPA). The basis for this determination result in minor or negligible effects on the comment period.
is contained in an environmental Action federally listed, proposed, and
Statement, which is also available for candidate species and their habitats; (2) Authority
public review. implementation of the SHA would We provide this notice under section
result in minor or negligible effects on 10(c) of the Act (16 U.S.C. 1531 et seq.)
Background
other environmental values or and its implementing regulations (50
The primary objective of this SHA is resources; and (3) impacts of the SHA, CFR 17.22 and 17.32), and the National
to encourage voluntary creation and considered together with impacts of Environmental Policy Act (42 U.S.C.
maintenance of habitat to benefit the other past, present, and reasonably 4371 et seq.) and its implementing
Pahrump poolfish by assuring the foreseeable similarly situated projects, regulations (40 CFR 1506.6).
property owners that they will not be would not result, over time, in Dated: March 31, 2016.
subjected to increased property use cumulative effects to environmental
restrictions as a result of their efforts to Michael J. Senn,
values or resources that would be
establish a population of a listed species Field Supervisor, Southern Nevada Fish and
considered significant. This is more
on their property, to increase the Wildlife Office, Las Vegas, Nevada.
fully explained in our environmental
distribution and number of refugia [FR Doc. 2016–08344 Filed 4–11–16; 8:45 am]
action statement.
within the range of the listed species. Based upon this preliminary BILLING CODE 4333–15–P
Application requirements and issuance determination, we do not intend to
criteria for enhancement of survival prepare further NEPA documentation.
permits through SHAs are found in 50 We will consider public comments in INTERNATIONAL TRADE
CFR 17.22 and 17.32(c). As long as the making our final determination on COMMISSION
enrolled landowner allows the agreed- whether to prepare such additional
upon conservation measures to be documentation. Notice of Receipt of Complaint;
completed on their property and Solicitation of Comments Relating to
maintains their baseline responsibilities, Public Review and Comments the Public Interest
they may make any other lawful use of Individuals wishing copies of the
the property during the permit term, permit application, the environmental AGENCY: U.S. International Trade
even if such use results in the take of action statement, or copies of the full Commission.
individual Pahrump poolfish or harm to text of the SHA, including a map of the ACTION: Notice.
their habitat as described in the SHA. proposed permit area, references, and
The landowner has suitable habitat legal descriptions of the proposed SUMMARY: Notice is hereby given that
for the establishment of a refugium that permit area, should contact the office the U.S. International Trade
will contribute to the conservation of and personnel listed in the FOR FURTHER Commission has received a complaint
the species. The applicant has provided INFORMATION CONTACT section or obtain
entitled Certain Portable Electronic
a SHA to the Service that includes: (1) copies from our Web site, http:// Devices and Components Thereof, DN
A map of the property and its legal www.fws.gov/nevada. Documents also 3130; the Commission is soliciting
description; (2) a description of existing will be available for public inspection, comments on any public interest issues
biological community, including by appointment, during normal business raised by the complaint or
nonnative aquatic species and sensitive hours at our office (see ADDRESSES). complainant’s filing under section
or protected species; (3) the portion of Before including your address, phone 210.8(b) of the Commission’s Rules of
the property to be enrolled and its number, email address, or other Practice and Procedure (19 CFR
acreage; (4) a description of the habitat personal identifying information in your 210.8(b)).
types that occur on the property to be comment, you should be aware that FOR FURTHER INFORMATION CONTACT: Lisa
enrolled, including a description of the your entire comment—including your R. Barton, Secretary to the Commission,
ponds and other aquatic habitats; and personal identifying information—may U.S. International Trade Commission,
(5) current land use practices and be made publicly available at any time. 500 E Street SW., Washington, DC
existing developments, and the While you can ask us in your comment 20436, telephone (202) 205–2000. The
characteristics of water supplies to to withhold your personal identifying public version of the complaint can be
aquatic habitats. information from public review, we accessed on the Commission’s
The applicant, as the permittee, will cannot guarantee that we will be able to Electronic Document Information
be responsible for annual monitoring do so. System (EDIS) at EDIS,1 and will be
and reporting related to implementation available for inspection during official
of the SHA and fulfillment of their Decision
business hours (8:45 a.m. to 5:15 p.m.)
provisions. As specified in the SHA, the We will evaluate the permit in the Office of the Secretary, U.S.
applicant will issue yearly reports to the application, the SHA, and comments International Trade Commission, 500 E
Service related to implementation of the submitted thereon to determine whether
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Street SW., Washington, DC 20436,
program. the application meets the requirements telephone (202) 205–2000.
Therefore, we have made a of section 10(a) of the Act and NEPA General information concerning the
preliminary determination that our regulations. If the requirements are met, Commission may also be obtained by
proposed issuance of the requested the Service will sign the proposed SHA accessing its Internet server at United
permit qualifies as a categorical and issue an enhancement of survival States International Trade Commission
exclusion under the National permit under section 10(a)(1)(A) of the
Environmental Policy Act, as provided Act to the applicant for take of the 1 Electronic Document Information System
by Department of the Interior Pahrump poolfish incidental to (EDIS): http://edis.usitc.gov.
VerDate Sep<11>2014 17:18 Apr 11, 2016 Jkt 238001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1](https://thefederalregister.org/doc/81_FR_21657/page/2.svg)
Document Created: 2016-04-12 00:46:44
Document Modified: 2016-04-12 00:46:44
| 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 | Notice of availability; receipt of application and request for comment. | |
| Dates | Written comments must be received on or before May 12, 2016. | |
| Contact | James Harter, Fish Biologist, at the | |
| FR Citation | 81 FR 21587 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR