9958 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Notices 

[FR Doc. 2012–3952 Filed 2–17–12; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R4–ES–2011–N195; 

FXES11150400000F4–123–FF04E00000] 

Spring Pygmy Sunfish Candidate 

Conservation Agreement With 

Assurances; Receipt of Application for 

Enhancement of Survival Permit; 

Beaverdam Springs, Limestone 

County, AL 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), have received an 

application from Mr. Banks Sewell of 

Belle Mina Farm Ltd. (applicant) for an 

enhancement of survival permit (permit) 

under the Endangered Species Act of 

1973, as amended (Act). The permit 

application includes a proposed 

candidate conservation agreement with 

assurances (CCAA), between the 

applicant, the Land Trust of Huntsville 

and North Alabama, and the Service for 

the spring pygmy sunfish. The CCAA 

would be implemented at the 

Beaverdam—Moss Creek/Spring 

Complex within Limestone County, 

Alabama. We have made a preliminary 

determination that the proposed CCAA 

and permit application are eligible for 

categorical exclusion under the National 

Environmental Policy Act of 1969 

(NEPA). The basis for this preliminary 

determination is contained in a draft 

environmental action statement (EAS). 

We are accepting comments on the 

permit application, the proposed CCAA, 

and the draft EAS. 

DATES: We must receive comments no 

later than March 22, 2012. 

ADDRESSES: Persons wishing to review 

the application, the draft CCAA, and the 

draft EAS may obtain copies by request 

from Daniel Drennen, Mississippi Field 

Office, by phone at 601–321–1127, or 

via mail or email (see below). The 

application and related documents will 

also be available for public inspection, 

by appointment only, during normal 

business hours (8 a.m. to 4:30 p.m.) at 

the Jackson, Mississippi, Field Office 

(address listed below) or on our Web 

site at http://www.fws.gov/ 

mississippiES/endsp.html. 

Comments concerning the 

application, the draft CCAA, and the 

draft EAS should be submitted in 

writing, by one of the following 

methods: 

Email: daniel_drennen@fws.gov. 

Fax: 601–965–4340. 

U.S. mail: Daniel Drennen, 

Mississippi Field Office, U.S. Fish and 

Wildlife Service, 6578 Dogwood View 

Parkway, Jackson, MS 39213. 

Please refer to Permit number TE– 

40219A–0 when submitting comments. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Drennen, Fish and Wildlife 

Biologist, Mississippi Field Office, 601– 

321–1127. If you use a 

telecommunications device for the deaf 

(TDD), you may call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: We 

furnish this notice to provide the public, 

other State and Federal agencies, and 

interested Tribes an opportunity to 

review and comment on the permit 

application, including the draft CCAA 

and draft EAS. We specifically request 

information, views, and opinions from 

the public on the proposed Federal 

action of issuing a permit. Further, we 

solicit information regarding the 

adequacy of the permit application, 

including the proposed CCAA, as 

measured against our permit issuance 

criteria found in the Code of Federal 

Regulations (CFR) at 50 CFR 17.22(d) 

and 17.32(d). 

Background 

Under a Candidate Conservation 

Agreement with Assurances, 

participating landowners voluntarily 

undertake management activities on 

their property to enhance, restore, or 

maintain habitat benefiting species that 

are proposed for listing under the Act, 

candidates for listing, or that may 

become candidates or proposed for 

listing. Candidate Conservation 

Agreements with Assurances (CCAAs), 

and the associated permits we issue 

under section 10(a)(l)(A) of the Act (16 

U.S.C. 1531. et seq.), encourage private 

and other non-Federal property owners 

to implement conservation efforts for 

species by assuring property owners 

that they will not be subjected to 

increased land use restrictions if that 

species becomes listed under the Act in 

the future provided certain conditions 

are met. Application requirements and 

issuance criteria for permits through 

CCAAs are found in the Code of Federal 

Regulations (CFR) at 50 CFR 17.22(d) 

and 17.32(d). See also our policy on 

CCAAs (64 FR 32 726; June 17, 1999). 

The conservation of the spring pygmy 

sunfish (Elassoma alabamae) is of 

concern to the Service, other biologists, 

and the landowners whose properties 

contain the species. The spring pygmy 

sunfish is a spring-associated fish, 

endemic to the Tennessee River 

drainage of Lauderdale and Limestone 

Counties in northern Alabama. The 

species historically occurred in three 

distinct spring complexes (Cave 

Springs, Lauderdale County; Beaverdam 

Springs and Pryor Springs, Limestone 

County). The single remaining 

population of this species occupies 

about 5 river miles (mi) (8.05 river 

kilometers (km)) within four spring 

pools (Moss, Beaverdam, Thorsen, and 

Horton Springs) associated with the 

upper Beaverdam Springs complex in 

Limestone County, Alabama. 

The preferred habitat for the spring 

pygmy sunfish is clear and colorless to 

slightly stained spring water, spring 

runs, and associated spring-fed 

wetlands (Warren 2004). The species is 

highly localized within these spring 

pools and is found in association with 

patches of dense, filamentous 

submergent vegetation. Spring pygmy 

sunfish abundance is correlated with 

specific water quantity and quality 

parameters (i.e., water flow velocity, 

turbidity, and water temperatures) and 

certain associated species such as 

amphipods, isopods, spring 

salamanders, crayfish, and snails 

(Sandel, pers. comm., 2007). 

On April 1, 2011, the Service 

published a 90-day finding on a petition 

to list the spring pygmy sunfish as 

endangered under the Act (76 FR 

18138). The Service found that the 

petition presented substantial scientific 

or commercial information indicating 

that listing this species may be 

warranted, and announced the initiation 

of a formal status review. For further 

information on previous Federal actions 

regarding the species, please refer to the 

90-day finding. As a result of our 

‘‘substantial’’ 90-day finding, we are 

currently collecting and analyzing data 

to assess the species’ status. At the end 

of the yearlong period, the Service will 

publish a finding, known commonly as 

a ‘‘12-month finding,’’ on whether or 

not listing is warranted. In accordance 

with court-approved settlement entered 

into last year with Wild Earth Guardians 

and the Center for Biological Diversity, 

if we determine that listing is 

warranted, our 12-month finding will 

include a proposed rule to list the 

spring pygmy sunfish under the Act. 

The area to be covered under the 

proposed CCAA is approximately 3,200 

acres within the Beaverdam Springs 

complex, owned by the applicant and 

located in Limestone County, Alabama. 

The proposed CCAA represents a 

significant milestone in the cooperative 

conservation efforts for this species and 

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Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Notices 9959 

is consistent with section 2(a)(5) of the 

Act, which encourages creative 

partnerships among public, private, and 

government entities to conserve 

imperiled species and their habitats. 

The applicant agrees to implement 

conservation measures to address 

known threats to the spring pygmy 

sunfish. These measures will help 

protect the species in the near term and 

also minimize any incidental take of the 

species that might occur as a result of 

conducting other covered activities, if 

the species becomes listed under the 

Act in the future. Conservation 

measures to be implemented by the 

applicant include: (1) Maintaining up to 

a 150-foot vegetated buffer zone around 

Moss Spring Pond; (2) prohibiting cattle 

access to Moss Spring Pond and the 

buffer zone described above; (3) creating 

a protected area of approximately 150 

acres, with a 100–150 foot vegetated 

buffer zone, within the Beaverdam 

Spring/Creek area, including a portion 

of ‘‘Lowe Ditch’’; and (4) refraining from 

any deforestation, land clearing, 

industrial development, residential 

development, aquaculture, temporary or 

permanent ground water removal 

installations, stocked farm ponds, 

pesticide and herbicide use, and 

impervious surface installation without 

prior consultation with the Service and 

the Service’s written agreement. 

The Land Trust of Huntsville and 

North Alabama agrees: (1) To be 

responsible for all reporting 

requirements, including any changes to 

the monitoring when necessary for 

adaptive management; (2) to ensure that 

annual habitat analyses and site 

samplings are performed as specified by 

the CCAA; and (3) to provide funding 

for part or all of said monitoring 

activities. 

The Service agrees to authorize the 

applicant to engage in incidental take of 

the spring pygmy sunfish consistent 

with this CCAA and to provide 

technical assistance, including 

management advice. 

The term of the proposed CCAA and 

associated enhancement of survival 

permit is twenty (20) years. However, 

under a special provision of this CCAA, 

if at any time a 15-percent decline in the 

status of the species is determined, there 

will be a reevaluation of the 

conservation measures set forth in the 

CCAA. If such a reevaluation reflects a 

need to change the conservation 

measures, the revised measures will be 

implemented by the applicant, or the 

CCAA will be terminated and the permit 

surrendered. 

When determining whether to issue 

the permit, we will consider a number 

of factors and information sources, 

including the project’s administrative 

record, any public comments we 

receive, and the application 

requirements and issuance criteria for 

CCAAs contained in 50 CFR 17.22(d) 

and 17.32(d). We will also evaluate 

whether the issuance of the permit 

complies with section 7 of the Act by 

conducting an intra-Service 

consultation. Our decision to issue the 

permit will be based on the results of 

this consultation, as well as on the 

above findings, our regulations, and 

public comments. 

The proposed CCAA also provides 

regulatory assurances to the applicant 

that, in the event of changed and/or 

unforeseen circumstances, we would 

not require additional conservation 

measures, or commitment of additional 

land, water, or resource use restrictions, 

beyond the level obligated in this 

agreement, without the consent of the 

applicant provided certain conditions 

are met. 

We will evaluate this permit 

application, associated documents, and 

comments submitted thereon to 

determine whether the permit 

application meets the requirements of 

section 10(a)(1) of the Act, our 

regulations, and NEPA regulations at 40 

CFR 1506.6. If we determine that the 

requirements are met, we will enter into 

the CCAA and issue a permit under 

section 10(a)(l)(A) of the Act to the 

applicant for take of the spring pygmy 

sunfish in accordance with the terms of 

the agreement. We will not make a final 

decision in this matter 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 both 

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). 

Public Availability of Comments 

All comments we receive become part 

of our administrative record in this 

matter. Requests for copies of comments 

will be handled in accordance with the 

Freedom of Information Act, Privacy 

Act, NEPA, and Service and Department 

of the Interior policies and procedures. 

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 

personal identifying information—may 

be made available to the public at any 

time. While you may ask us to withhold 

your personal identifying information 

from public disclosure, we cannot 

guarantee that we will be able to do so. 

Dated: February 14, 2012. 

Stephen M. Ricks, 

Field Supervisor, Jackson, Mississippi, Field 

Office, Southeast Region. 

[FR Doc. 2012–3880 Filed 2–17–12; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[CACA 50123, LLCA920000 L1310000 

FI0000] 

Notice of Proposed Reinstatement of 

Terminated Oil and Gas Lease CACA 

50123, California 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Proposed 

Reinstatement of Terminated Oil and 

Gas Lease. 

SUMMARY: Under the provisions of 30 

U.S.C. 188(d) and (e), and 43 CFR 

3108.2–3(a) and (b)(1), the Bureau of 

Land Management (BLM) received a 

petition for reinstatement of oil and gas 

lease CACA 50123 from West Coast 

Land Service. The petition was filed on 

time and was accompanied by all 

required rentals and royalties accruing 

from November 1, 2010, the date of 

termination. 

FOR FURTHER INFORMATION CONTACT: Rita 

Altamira, Land Law Examiner, Branch 

of Adjudication, Division of Energy and 

Minerals, BLM California State Office, 

2800 Cottage Way, W–1623, 

Sacramento, California 95825, (916) 

978–4378. 

SUPPLEMENTARY INFORMATION: No valid 

lease has been issued affecting the 

lands. The lessee has agreed to new 

lease terms for rentals and royalties at 

rates of $10 per acre or fraction thereof 

and 162⁄3 percent, respectively. The 

lessee has paid the required $500 

administrative fee and has reimbursed 

the BLM for the cost of this Federal 

Register notice. The Lessee has met all 

the requirements for reinstatement of 

the lease as set out in Sections 31(d) and 

(e) of the Mineral Leasing Act of 1920 

(30 U.S.C. 188), and the Bureau of Land 

Management is proposing to reinstate 

the lease effective November 1, 2010, 

subject to the original terms and 

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