[Federal Register Volume 63, Number 91 (Tuesday, May 12, 1998)]
[Notices]
[Pages 26204-26206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12522]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of Draft Environmental Assessment, Receipt of 
Application for, and Intent To Issue, Incidental Take Permit for 
Private Land in Iron County, UT

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability, receipt of application for, and intent 
to issue permit.

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SUMMARY: Iron County and the Utah Division of Wildlife Resources 
(Applicants) have applied to the U.S. Fish and Wildlife Service 
(Service) for an incidental take permit pursuant to section 10(a)(1)(B) 
of the Endangered Species Act of 1973, as amended (Act). The Applicant 
has been assigned permit number PRT-MB000142-0. The requested permit, 
which is for a period of 20 years, would authorize incidental take of 
the Utah Prairie Dog (Cynomys parvidens), a species federally listed as 
threatened. The proposed take would occur as a result of development of 
private land within Iron County, Utah.
    The Service has prepared the Environmental Assessment for issuance 
of the incidental take permit. The Applicant has prepared a habitat 
conservation plan as part of the incidental take permit application. A 
determination of whether jeopardy to the species will occur, or a 
finding of No Significant Impact (FONSI), and/or issuance of the 
incidental take permit, will not be made before 30 days from the date 
of publication of this notice. This notice is provided pursuant to 
section 10(c) of the Act and National Environmental Policy Act 
regulations (40 CFR 1506.6).

DATES: Written comments on the permit application must be received on 
or before June 11, 1998.

ADDRESSES: Persons wishing to review the permit application may obtain 
a copy by writing to the Field Supervisor, Utah Ecological Services 
Field Office, Fish and Wildlife Service, 145 East 1300 South Street, 
Suite 404, Salt Lake City,

[[Page 26205]]

Utah 84115. Documents will be available for public inspection by 
written request, or by appointment only, during business hours (8 a.m. 
to 4:30 p.m) at the above address.
    Written data or comments concerning the permit application should 
be submitted to the Field Supervisor, Utah Ecological Services Field 
Office, Fish and Wildlife Service Salt Lake City, Utah (see ADDRESSES 
above). Please refer to permit number PRT-MB000142-0 in all 
correspondence regarding these documents.

FOR FURTHER INFORMATION CONTACT: Marilet A. Zablan, Wildlife Biologist 
or Ted W. Owens, Wildlife Biologist, at the above U.S. Fish and 
Wildlife Service office in Salt Lake City, Utah (See ADDRESSES above) 
(telephone: (801) 524-5001, facsimile: (801) 524-5021).

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``taking'' of any threatened or endangered species, such as the 
threatened Utah Prairie Dog. However, the Service, under limited 
circumstances, may issue permits to take threatened or endangered 
wildlife species when such taking is incidental to, and not the purpose 
of, otherwise lawful activities. Regulations governing permits for 
threatened and endangered species are at 50 CFR 17.22.
    The Applicants have submitted an application to the Service for a 
permit to incidentally take Utah Prairie Dogs, pursuant to section 
10(a)(1)(B) of the Act, in association with various private projects in 
Iron County. This permit would allow specified take levels for Utah 
Prairie Dogs by non-Federal entities on non-Federal property within the 
county when presence of Utah Prairie Dogs hinders legal uses of the 
property on which they reside. Details of this alternative are found in 
the Iron County/Utah Division of Wildlife Resources (Division) Habitat 
Conservation Plan (HCP), dated March 9, 1998. Proposed management 
actions including minimizing and mitigating take are described in 
detail on pages 30-65 of the HCP. The proposed permit would be in 
effect for 20 years. Authorized take would include harm, harassment, 
and direct mortality of Utah Prairie Dogs. However, if the Service 
determines that the obligations of the Act Section 10(a)(1)(B) permit 
are not being met (e.g., unauthorized taking or permit violations by 
the cooperators is occurring), the permit may be revoked if remedial 
actions are not immediately implemented to alleviate such violations.
    Two types of take would occur under this incidental take permit: 
(1) ``Permanent'' take where habitat is permanently destroyed, and (2) 
``non-permanent'' take, in which the number of Utah Prairie Dogs in a 
colony is reduced, but no lasting habitat destruction occurs. Permanent 
take from development activities such as residential or commercial 
construction, road construction, parking lot development, excavation, 
etc., contributes to a net loss of habitat and adversely affects 
resident Utah Prairie Dogs and future occupation of the site by Utah 
Prairie Dogs. However, it may not necessarily result directly in death 
unless Utah Prairie Dogs are hibernating and unable to escape 
construction activities. Non-permanent take results in a reduction of 
animal numbers, but no net loss of habitat. Non-permanent take may 
occur in areas where Utah Prairie Dogs are inhabiting agricultural 
lands or pastures, crops, private rangelands, recreation areas, or 
where presence of Utah Prairie Dogs interferes with facilities 
maintenance. It would also occur where the presence of Utah Prairie 
Dogs causes safety concern, as determined by the Implementation 
Committee, and areas that were previously cleared through legal means.
    Recovery success depends upon continued survival of existing public 
land colonies and establishment of new Utah Prairie Dog colonies on 
public lands. Therefore, allowable levels of permanent take of habitat 
and/or animals on non-Federal property will depend upon successful 
creation of new habitat and establishment of Utah Prairie Dogs on 
public lands, such that there is at the very least, no loss of habitat 
potential. Maximum annual amounts of allowed permanent take would 
depend upon:
    1. Parameters determined from population modeling to ascertain 
levels of take that will not jeopardize the species,
    2. Successful establishment of Utah Prairie dogs on public lands, 
or long-term conservation of Utah Prairie Dogs on non-Federal lands 
(e.g., conservation easements), and
    3. Implementation of measures to minimize and mitigate take.
    Annual permanent take would be quantified in terms of habitat acres 
and number of animals taken. Because Utah Prairie Dogs may no longer 
exist at many of the locations on non-Federal lands where they have 
been mapped, but habitat remains intact, permanent take would be 
limited by either the number of Utah Prairie Dogs or acreage of habitat 
permanently taken. When the allowed limit of either acreage of Utah 
Prairie Dog number is reached, no further permanent take would be 
allowed during that calendar year. The maximum allowed permanent take 
of animals would not be more than 10 percent of the average spring 
count of adult Utah Prairie Dogs on public lands during the preceding 5 
years. The percentage of allowed take would increase to 15 percent once 
counts on public lands reach 1,500 adult Utah Prairie Dogs as long as 
the other two conditions (number of public land complexes and quantity 
of public acreage providing Utah Prairie Dog habitat) are met. The 
maximum allowed take of habitat initially would not exceed 1 percent of 
the total non-Federal land habitat, and would increase as additional 
public land sites become established.
    As more acceptable habitat is created/enhanced, and additional Utah 
Prairie Dog colonies are established, further permanent take on non-
federally owned habitat would be allowed. Acreage protected through the 
establishment of long-term conservation easements on non-Federal 
property would count toward the protected land total as well. The 
remainder of Utah Prairie Dogs needed for translocation to public lands 
would come from non-permanent sources. Utah Prairie Dogs translocated 
to recovery sites, although considered taken for purposes of 
development, would still be protected under State law and the Act, and 
would be afforded full protection of a listed species under the Act.
    Maximum allowed permanent take would depend upon implementation of 
mitigation efforts and establishment of Utah Prairie Dogs on public 
lands and shall not exceed that listed in the Iron County/Division HCP. 
Allowable permanent take is expected to always be at least 40 
individuals or 400 acres based on current distribution and numbers. 
Permanent take that remains unused during 1 year will be credited for 
the following year only. Failure to implement mitigation measures will 
result in no allowable take.
    Non-permanent take would be restricted to Utah Prairie Dogs which 
are (1) damaging croplands, pastures, and private rangelands, (2) 
reinhabiting previously cleared areas after construction is complete, 
(3) damaging recreational areas that remain suitable as habitat (e.g., 
golf course, softball fields), (4) inhibiting effective work in areas 
requiring maintenance (e.g., roads), (5) inhabiting sensitive areas 
(e.g., cemeteries, archaeological sites), and (6) compromising safety 
concern areas (e.g., airport runway) as identified by the 
Implementation Committee. In non-permanent take situations, as many 
Utah Prairie Dogs as can be accommodated at translocation sites

[[Page 26206]]

will be live-trapped and translocated. In situations where 
translocation sites cannot accommodate demand, landowners may be issued 
limited permits under the Act Section 4(d) rule, to remove the 
remaining allowed animals by shooting or trapping.
    In the case of areas previously developed which have not undergone 
an Act Section 10 clearance, but which have become occupied by Utah 
Prairie Dogs, the area would be treated similarly to undeveloped sites. 
If a landowner wanted Utah Prairie Dogs removed in order to conduct 
otherwise lawful activities he/she would be required to conduct a 
clearance survey, complete an assessment of take, and schedule to have 
Utah Prairie Dogs trapped and translocated. Annual reports summarizing 
the impacts of the Proposed Action would be submitted to the Service by 
the Iron County Commission and the Division.
    Because of the patchy distribution of Utah Prairie Dogs in Iron 
County, as well as the large percentage of occupied habitat and numbers 
of Utah Prairie Dogs on non-Federal lands, development of a county-wide 
HCP was analyzed. A county-wide HCP (1) allows for establishment of 
long-term levels of take and cumulative effects monitoring, (2) reduces 
costs of individuals land owners, (3) allows for planning and reduces 
time delays for builders, (4) facilitates cooperation between local, 
State, and Federal agencies and individuals, and (5) does not preclude, 
and may be designed to promote, Utah Prairie Dog recovery.
    A no-action alternative to the proposed action was considered. This 
would result in no lawful development in Utah Prairie Dog habitat 
unless each individual landowner who wanted to develop his/her property 
submitted an application for, and was subsequently issued, an Act 
section 10 incidental take permit. In order to lawfully develop within 
Utah Prairie Dog Habitat, each individual landowner would also be 
required to develop and implement a habitat conservation plan. The non-
action alternative was rejected for reasons including loss of use of 
the private property resulting in significant economic loss to County 
residents and excessive expense, in both time and money, for County 
residents and Service employees who must process each individual permit 
and ensure its suitability. The Applicants also considered an 
alternative which would require the purchase (in fee title or of 
conservation easements), preservation, and long-term management of 
existing Utah Prairie Dog habitat on land currently owned by private 
entities. However, this alternative was rejected for a number of 
reasons. First, such a configuration of Utah Prairie Dog habitat would 
have poor potential for genetic exchange among isolated Utah Prairie 
Dog colonies and would therefore probably not be conducive to long-term 
maintenance and recovery of the species. It would also disturb local 
and land-use patterns to an unacceptable degree. Finally, costs 
associated with land acquisition may be prohibitive.

    Authority: The authority for this action is the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the 
National Environmental Policy Act of 1969, as amended (42 U.S.C. 
4321 et seq.).

    Dated: May 6, 1998.
Terry Terrell,
Regional Director, Region 6.
[FR Doc. 98-12522 Filed 5-11-98; 8:45 am]
BILLING CODE 4310-55-M