[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40614-40615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16061]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2021-0047; FXES11130800000-212-FF08ENVS00]


Enhancement of Survival Permit Application and Draft Safe Harbor 
Agreement, Nye, Esmeralda, Lincoln and Clark Counties, Nevada

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of the proposed draft safe harbor 
agreement and NEPA compliance documentation; request for comment.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
receipt and availability of an application for an enhancement of 
survival permit (permit) under the Endangered Species Act (ESA) and an 
associated draft programmatic Safe Harbor Agreement (SHA). 
Additionally, consistent with the requirements of the National 
Environmental Policy Act (NEPA), we have prepared a draft environmental 
action statement supporting our preliminary determination that the 
proposed permit action qualifies for a categorical exclusion under 
NEPA. The Nevada Department of Wildlife (applicant) has applied for a 
permit under the ESA for the enhancement activities within the SHA, 
which will contribute to the recovery of the Pahrump poolfish 
(Empetrichthys latos). The permit would authorize the take of one 
species incidental to the enhancement and restoration of private and 
public lands. We invite the public and local, State, Tribal, and 
Federal agencies to comment on the proposed SHA, and NEPA categorical 
exclusion determination documentation. Before issuing the requested 
permit, we will take into consideration any information that we receive 
during the public comment period.

DATES: Written comments must be received on or before August 27, 2021.

ADDRESSES: Obtaining Documents: The documents this notice announces, as 
well as any comments and other materials that we receive, will be 
available for public inspection in Docket No. FWS-R8-ES-2021-0047 at 
http://www.regulations.gov.
    Submitting Comments: To send written comments, please use one of 
the following methods and identify to which document your comments are 
in reference--the draft SHA or NEPA compliance documentation.
    <bullet> Internet: Submit comments at http://www.regulations.gov 
under Docket No. FWS-R8-ES-2021-0047.
    <bullet> U.S. Mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2021-0047; U.S. Fish and Wildlife Service Headquarters, MS: 
PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
    For more information, see Public Comments and Public Availability 
of Comments under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Glen W. Knowles, Field Supervisor, 
Southern Nevada Fish and Wildlife Office, by phone at 702-515-5244 or 
via the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the receipt of a permit application from the Nevada 
Department of Wildlife (applicant), for a 50-year enhancement of 
survival permit under section 10(a)(1)(A) of the Endangered Species 
Act, as amended (ESA; 16 U.S.C. 1531 et seq.). Application for the 
permit requires the preparation of a programmatic safe harbor agreement 
(SHA) between the applicant and Service. The SHA provides for voluntary 
habitat restoration, maintenance, or enhancement activities that will 
contribute to the recovery of the Pahrump poolfish (Empetrichthys 
latos).
    Service consideration of issuing a permit also requires evaluation 
of its potential impacts on the natural and human environment in 
accordance with the National Environmental Policy Act (NEPA; 42 U.S.C. 
4321 et seq.). The Service has prepared a draft environmental action 
statement, which includes a draft categorical exclusion (CatEx) 
pursuant to NEPA and its implementing regulations in the Code of 
Federal Regulations (CFR) at 40 CFR 1501.4, to preliminarily determine 
if the proposed SHA is eligible for a categorical exclusion.

[[Page 40615]]

Background

    Except for permitted exceptions, section 9 of the ESA (16 U.S.C. 
1538 et seq.) prohibits the taking of fish and wildlife species listed 
as endangered under section 4 of the ESA; by regulation, take of 
certain species listed as threatened is also prohibited (16 U.S.C. 
1533(d); 50 CFR 17.31). Regulations governing the permitted exception 
for allowable incidental take of endangered and threatened species are 
at 50 CFR 17.22 and 17.32. For more about the Federal SHA program, go 
to: https://www.fws.gov/endangered/esa-library/pdf/harborqa.pdf, 
https://www.fws.gov/endangered/landowners/safe-harbor-agreements.html.

National Environmental Policy Act Compliance

    The proposed permit issuance triggers the need for compliance with 
the NEPA. The draft categorical exclusion (CatEx) was prepared to 
determine if issuance of a permit, based on the draft SHA, would 
individually or cumulatively have a minor or negligible effect on the 
species covered, and would therefore be eligible for a CatEx from 
further environmental analysis under NEPA.

Proposed Action

    Under the proposed action, the Service would issue a permit to the 
applicant for a period of 50 years for covered activities (described 
below) benefitting the Pahrump poolfish by relieving landowners from 
any additional section 9 liability under the ESA (16 U.S.C. 1531 et 
seq.). Landowners who have suitable habitat for Pahrump poolfish may be 
enrolled by the applicant under the SHA. Landowners would receive a 
certificate of inclusion when they sign a cooperative agreement. Thus, 
the landowners will be authorized to take Pahrump poolfish when the 
number of species has increased above the baseline established in the 
SHA and cooperative agreement as a result of the landowner's covered 
activities. Although the permit and SHA will authorize incidental take 
of Pahrump poolfish associated with returning the enrolled property to 
its agreed-upon baseline condition, the Service anticipates that this 
level of take will not negatively impact the recovery of the species. 
It is not anticipated that cooperators will continuously seek to return 
to baseline during the pendency of their cooperative agreements; and 
during such time, the agreements will create short, mid-range, and 
long-term benefits for the recovery of the Pahrump poolfish. The 
applicant has requested a permit for one species, the Pahrump poolfish 
(Empetrichthys latos), which was, and remains as listed under the ESA 
as endangered in March 1967.

Safe Harbor Agreement Area

    The geographic scope of this SHA encompasses suitable private and 
non-Federal lands within Nye, Esmeralda, Lincoln, and Clark Counties, 
Nevada.

Covered Activities

    The proposed section 10(a) permit would allow incidental take of 
one covered species from covered activities in the proposed SHA area. 
The applicant is requesting incidental take authorization for covered 
activities, including but not limited to operation of vehicles and 
maintenance equipment, building or fence construction, gardening, 
hunting, recreational fishing, farming, mining, mowing, maintenance of 
landscaping and recreational facility infrastructure including 
irrigation facilities, commercial and non-commercial recreational 
activities, or cultivation of agricultural crops. As long as enrolled 
landowners allow the agreed-upon conservation measures to be completed 
on their property, and agree to maintain their baseline 
responsibilities, they may make any other lawful use of the property 
during the term of the cooperative agreement, even if such use results 
in the take of individual Pahrump poolfish or harm to their habitat. 
Some of the conservation measures that will be used to achieve this 
include restoration of springpool and springbrook habitats to 
approximate historical conditions, removal of aquatic nonnative 
species, control of invasive weed and plant species, modification of 
livestock grazing practices, and maintenance of seasonal flooding and 
soil moisture through pasture irrigation management strategies.

Public Comments

    We request data, comments, new information, or suggestions from the 
public, other concerned governmental agencies, the scientific 
community, Tribes, industry, or any other interested party on the draft 
SHA and associated documents. If you wish to comment, you may submit 
comments by any of the methods in ADDRESSES.

Public Availability of Comments

    Any comments we receive will become part of the decision record 
associated with this action. 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 request in your comment that we withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so. All submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, will be made available for public disclosure in their 
entirety.

Next Steps

    Issuance of a permit is a Federal proposed action subject to 
compliance with NEPA and section 7 of the ESA. We will evaluate the 
permit application, the SHA, associated documents, and any public 
comments we receive during the comment period to determine whether the 
application meets the requirements of section 10(a) of the ESA. If we 
determine that those requirements are met, we will conduct an intra-
Service consultation under section 7 of the ESA for the Federal action 
and for the potential issuance of an enhancement of survival permit. If 
the intra-Service consultation confirms issuance of the permit will not 
jeopardize the continued existence of any endangered or threatened 
species, or destroy or adversely modify critical habitat, we will issue 
a permit to the applicant for the incidental take of the covered 
species.

Authority

    We provide this notice under section 10(c) of the Endangered 
Species Act (16 U.S.C. 1539(c) and its implementing regulations (50 CFR 
17.32), and NEPA (42 U.S.C. 4371 et seq.) and NEPA implementing 
regulations (40 CFR 1501.4).

Glen W. Knowles,
Field Supervisor, Southern Nevada Fish and Wildlife Office, U.S. Fish 
and Wildlife Service, Las Vegas, Nevada.
[FR Doc. 2021-16061 Filed 7-27-21; 8:45 am]
BILLING CODE 4333-15-P