44378 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Notices 

FOR FURTHER INFORMATION CONTACT prior 

to or at the meeting. Anyone in need of 

assistance or a reasonable 

accommodation for the meeting should 

contact the person listed under the 

heading FOR FURTHER INFORMATION

CONTACT. In addition, sign and oral 

interpretation, as well as a listening 

device, can be provided if requested 10 

calendar days before the meeting. 

Arrangements may be made by 

contacting the person listed under the 

heading FOR FURTHER INFORMATION

CONTACT. 

Issued in Arlington, Virginia, on August 

25, 2009. 

John P. Sammon, 

Assistant Administrator, Transportation 

Sector Network Management. 

[FR Doc. E9–20846 Filed 8–25–09; 4:15 pm] 

BILLING CODE 9110–05–P 

DEPARTMENT OF INTERIOR 

Fish and Wildlife Service 

[FWS–R8–ES–2008–N0341; 81420–1113– 

0000–F3] 

Proposed Programmatic Safe Harbor 

Agreement for the California 

Rangeland Conservation Coalition in 

Butte, Glenn, Shasta, and Tehama 

Counties, CA 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; receipt of 

application. 

SUMMARY: This notice advises the public 

that the California Cattlemen’s 

Association (Applicant) has applied to 

the U.S. Fish and Wildlife Service 

(Service) for an Enhancement of 

Survival permit pursuant to section 

10(a)(1)(A) of 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 vernal pool 

tadpole shrimp (Lepidurus packardi), 

the threatened vernal pool fairy shrimp 

(Branchinecta lynchi), the endangered 

Conservancy fairy shrimp (Branchinecta 

conservatio), the threatened valley 

elderberry longhorn beetle (Desmocerus 

californicus dimorphus), the threatened 

giant garter snake (Thamnophis gigas), 

the threatened California red-legged frog 

(Rana aurora draytonii), the threatened 

Hoover’s spurge (Chamaesyce hooveri), 

the endangered Butte County 

meadowfoam (Limnanthes floccosa ssp. 

californica), the endangered hairy 

Orcutt grass (Orcuttia pilosa), the 

threatened slender Orcutt grass 

(Orcuttia tenuis), and the endangered 

Greene’s tuctoria (Tuctoria greenei) 

(collectively referred to as the Covered 

Species). The Agreement is available for 

public comment. 

DATES: Written comments should be 

received on or before September 28, 

2009. 

ADDRESSES: Comments should be 

addressed to Mr. Rick Kuyper, U.S. Fish 

and Wildlife Service, Sacramento Fish 

and Wildlife Office, 2800 Cottage Way, 

W–2605, Sacramento, California 95825. 

Written comments may also be sent by 

facsimile to (916) 414–6713. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rick Kuyper, Sacramento Fish and 

Wildlife Office (see ADDRESSES); 

telephone: (916) 414–6600. 

SUPPLEMENTARY INFORMATION: 

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 (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 

17.22(c) and 17.32(c). 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. 

This Agreement was developed by 

members of the California Rangeland 

Conservation Coalition (CRCC), 

including the Applicant, the Service, 

the California Department of Fish and 

Game, the Natural Resources 

Conservation Service, the California 

Farm Bureau Federation, Environmental 

Defense Fund, Defenders of Wildlife, 

and Sustainable Conservation. In 

addition, the CRCC met with recognized 

species experts and private cattle 

ranchers in development of the 

Agreement. The Agreement is expected 

to promote the recovery of the Covered 

Species on non-Federal properties 

within Butte, Glenn, Tehama, and 

Shasta Counties. The proposed duration 

of the Agreement and the associated 

Enhancement of Survival permit are 50 

years. 

The Agreement was also prepared in 

conjunction with the California 

Department of Fish and Game’s 

Voluntary Local Program, which is 

roughly equivalent to the Federal Safe 

Harbor Program. The California 

Department of Fish and Game will cover 

a variety of State-listed species through 

this joint-Agreement. 

The proposed Enhancement of 

Survival permit would authorize the 

incidental taking of the Covered Species 

associated with: the restoration, 

enhancement, and maintenance of 

suitable habitat for the Covered Species; 

routine activities associated with 

rangeland and some agricultural lands 

management; and the potential future 

return of any property included in the 

Agreement to 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 the Service 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 Service 

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 period of 10 years and are renewable 

during the 50-year term of the 

Enhancement of Survival permit. 

Specific determinations for which 

species will be covered under each 

Cooperative Agreement will be 

determined by the Service on a case by 

case basis and will depend on the type 

of habitat present and the restoration 

and/or enhancement activities that will 

be implemented by the Cooperator. 


hsrobinson on DSK69SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Notices 44379 

Baseline levels for the Covered 

Species will be determined by 

completing the Baseline Habitat 

Worksheet (Attachment 4 of the 

Agreement), which will be completed 

by a person approved by the Service. 

The Service will review each 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 maintaining baseline levels of 

habitat for the Covered Species. Results 

of these monitoring efforts will be 

provided to the Service by the 

Applicant in an annual report. 

Upon approval of this Agreement, 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 Cooperators 

issued a Certificate of Inclusion to take 

the Covered Species incidental to the 

implementation of the management 

activities specified in the Agreement, 

incidental to other lawful uses of the 

property including normal, routine land 

management activities, and incidental to 

return to baseline conditions if desired. 

Although take of listed plant species is 

not prohibited under the Act, and 

therefore cannot be authorized under an 

enhancement of survival permit, plant 

species may be included on a permit in 

recognition of the net conservation 

benefit provided to them under a safe 

harbor agreement. An applicant would 

receive assurances under our ‘‘No 

Surprises’’ regulations (50 CFR 

17.22(c)(5) and 17.32(c)(5)) for all 

species included in the Enhancement of 

Survival permit. 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). We explain the basis 

for this determination in an 

Environmental Action Statement that 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, e-mail 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. 

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 Covered 

Species 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. 

The Service provides this notice 

pursuant to section 10(c) of the Act and 

pursuant to implementing regulations 

for NEPA (40 CFR 1506.6). 

August 21, 2009. 

Susan K. Moore, 

Field Supervisor, Sacramento Fish and 

Wildlife Office, Sacramento, California. 

[FR Doc. E9–20747 Filed 8–27–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R8–ES–2008–N0201; ABC Code: 

1261–0000–80230–W2] 

Sears Point Wetland and Watershed 

Restoration Project, Sonoma County, 

CA 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; request 

for comments: draft environmental 

impact statement and environmental 

impact report. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service) and the 

California Department of Fish and Game 

(CDFG), in cooperation with the 

Sonoma Land Trust (SLT), have 

prepared a draft environmental impact 

report and environmental impact 

statement (DEIR/EIS) on the restoration 

of approximately 2,300 acres (ac) of 

former farm land located in Sonoma 

County, California near the San Pablo 

Bay. The proposed restoration project, 

which would be implemented by the 

SLT, would restore natural estuarine 

ecosystems on diked baylands, while 

providing public access and recreational 

and educational opportunities 

compatible with ecological and cultural 

resources protection. In accordance with 

National Environmental Policy Act of 

1969 (NEPA), this notice advises other 

agencies, Tribes, and the public that the 

DEIR/EIS on the proposed Sears Point 

Wetland and Watershed Restoration 

Project is now available for review. We 

invite and encourage interested persons 

to review the document and submit 

written comments to identify issues 

related to the alternatives we address in 

the DEIR/EIS. 

DATES: We must receive written 

comments at the address below on or 

before October 13, 2009. You may 

submit comments by any one of the 

methods we describe under ADDRESSES. 

We will hold a public meeting in the fall 

of 2009, to solicit comments. See 

SUPPLEMENTARY INFORMATION for more 

details. 

ADDRESSES: The Draft EIS/EIR is 

available for review at: 

• Refuge Headquarters Office, San 

Pablo Bay National Wildlife Refuge, 

2100 Highway 37, Petaluma, CA 94954; 

(707) 769–4200. 

• San Francisco Bay National 

Wildlife Refuge Complex, 9500 

Thornton Avenue, Newark, CA 94560; 

(510) 792–0222. 

• John F. Kennedy Public Library, 

505 Santa Clara, Vallejo, CA 94590. 

• http://www.sonomalandtrust.org. 

Written comments and requests for 

information may be mailed to: Christy 

Smith, Refuge Manager, San Pablo Bay 

National Wildlife Refuge, 7715 Lakeville 

Highway, Petaluma, California, 94954. 

Alternatively, you may fax written 

comments to (707) 769–8106, or send 

them by electronic mail to 

christy_smith@fws.gov. Please include 

the heading ‘‘Sears Point NEPA 

comments in your response. 

FOR FURTHER INFORMATION CONTACT: 

Christy Smith, Refuge Manager, San 

Pablo Bay NWR, (707) 769–4200 

(phone); christy_smith@fws.gov (e-mail), 

or John Brosnan, Baylands Program 

Manager, at (707) 526–6930 x109 

(phone); john@sonomalandtrust.org (email). 

SUPPLEMENTARY INFORMATION: 

Location 

The project site is located at Sears 

Point near the intersection of LakevilleReclamation Road and State Route 37 


hsrobinson on DSK69SOYB1PROD with NOTICES