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)

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).

[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]


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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.

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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