Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 70877 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Environmental Assessment and 

Receipt of an Application for a Permit 

To Enhance the Survival of the Fluvial 

Arctic Grayling in the Upper Big Hole 

River in Southwestern Montana 

Through an Umbrella Candidate 

Conservation Agreement With 

Assurances 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability and 

receipt of application. 

SUMMARY: Montana Fish, Wildlife and 

Parks (FWP) has applied to the Fish and 

Wildlife Service (Service) for an 

Enhancement of Survival Permit for the 

fluvial Arctic grayling (Thymallus 

arcticus) pursuant to section 10(a)(1)(A) 

of the Endangered Species Act of 1973, 

as amended (ESA). The permit 

application includes a proposed 

Umbrella Candidate Conservation 

Agreement with Assurances 

(Agreement) between the FWP and the 

Service. The USDA Natural Resources 

Conservation Service (NRCS) and 

Montana Department of Natural 

Resources and Conservation (DNRC) 

also are signatories for the proposed 

Agreement. The Agreement, the permit 

application, and the Environmental 

Assessment are made available for 

public comment by this notice. 

The purpose of the Agreement is for 

private landowners and the FWP, NRCS, 

DNRC, and the Service to implement 

conservation measures for the fluvial 

Arctic grayling in the upper Big Hole 

River in southwestern Montana. The 

effort is in support of the FWP’s ongoing 

efforts to enhance the abundance and 

distribution of the fluvial Arctic 

grayling throughout its historic range in 

the upper Missouri River basin. The 

conservation measures would be 

implemented by FWP, NRCS, DNRC, the 

Service, and by participating 

landowners. A technical working group 

comprised of FWP, NRCS, DNRC, and 

the Service developed the conservation 

measures for the proposed Agreement. 

Consistent with the Service’s Candidate 

Conservation Agreement with 

Assurances Final Policy (CCAA Policy) 

(64 FR 32726, June 17, 1999), the 

Agreement is intended to facilitate the 

conservation of fluvial Arctic grayling 

by giving the State of Montana and 

cooperating private landowners 

incentives to implement conservation 

measures. Participating Landowners 

would receive regulatory certainty 

concerning land and water use 

restrictions that might otherwise apply 

should the fluvial Arctic grayling 

become listed under the ESA. 

Participating Landowners with eligible 

property in the upper Big Hole River 

watershed in southwestern Montana 

could sign up under the Agreement and 

the associated permit through sitespecific plans for their property and a 

Certificate of Inclusion. The proposed 

term of the Agreement and the permit is 

20 years. 

The Service and FWP have prepared 

a joint Environmental Assessment for 

execution of the Agreement and 

issuance of the permit pursuant to the 

National Environmental Policy Act (for 

the Service) and implementation of the 

Agreement pursuant to the Montana 

Environmental Policy Act (for FWP). 

The environmental assessment 

considers the biological, environmental, 

and socioeconomic effects of the 

proposed Agreement and permit. The 

assessment also evaluates two 

alternatives to the Agreement and 

permit, and their potential impacts on 

the environment. 

We request comments from the public 

on the permit application, draft 

Agreement, and draft Environmental 

Assessment. All comments we receive, 

including names and addresses, will 

become part of the administrative record 

and may be released to the public. 

DATES: Written comments on the permit 

application must be received on or 

before January 23, 2006. 

ADDRESSES: Written data or comments 

concerning the permit application, the 

draft Agreement, or the draft 

Environmental Assessment are to be 

submitted to Arctic Grayling CCAA, 

U.S. Fish and Wildlife Service, 100 

North Park Avenue, Suite 320, Helena, 

Montana 59601. Written comments also 

may be provided electronically to 

fw6_arcticgrayling@fws.gov, or by 

facsimile to 406–449–5339. Comments 

must be submitted in writing to be 

considered in the Service’s decisionmaking process. 

FOR FURTHER INFORMATION CONTACT: 

Mark Wilson or Douglas Peterson at the 

above address, or telephone 406–449–

5225. 

SUPPLEMENTARY INFORMATION: 

Document Availability 

Persons wishing to review the permit 

application, Agreement, and the 

Environmental Assessment may obtain a 

copy by writing the Service’s Montana 

Ecological Services office at the above 

address, or contacting the above office 

by telephone, electronic mail, or 

facsimile. You also may make an 

appointment to view the documents at 

the above address during normal 

business hours. The documents also are 

available electronically on the World 

Wide Web at http://mountainprairie.fws.gov/species/fish/grayling/ 

grayling.htm. 

Background 

Under a Candidate Conservation 

Agreement with Assurances, 

participating landowners voluntarily 

implement conservation activities on 

their properties to benefit species that 

are proposed for listing under the ESA, 

candidate species, or other sensitive 

species. Candidate Conservation 

Agreements with Assurances encourage 

private and other non-Federal property 

owners to implement conservation 

efforts and reduce threats to unlisted 

species by assuring them they will not 

be subjected to increased property-use 

restrictions if the species is listed in the 

future under the ESA. Application 

requirements and issuance criteria for 

enhancement of survival permits 

through CCAAs are found in 50 CFR 

17.22(d) and 17.32(d). 

On July 25, 1994, the Service found 

that listing the fluvial Arctic grayling of 

the upper Missouri River Distinct 

Population Segment (DPS) was 

warranted but precluded by higher 

priority listing actions, and it has 

remained on the Service’s candidate 

species list since that time. Fluvial 

Arctic grayling currently occupy only 

about 5 percent of their historic range in 

the Missouri River basin above the Great 

Falls, and the remaining population is 

found in an approximately 129- 

kilometer (80-mile) segment of the 

upper Big Hole River in southwestern 

Montana. The fluvial Arctic grayling 

population in the Big Hole River has 

declined in abundance and distribution 

in recent years, and ongoing efforts by 

FWP to re-establish additional fluvial 

Arctic grayling in other rivers within its 

historic range have not yet produced 

any self-sustaining populations. This 

DPS remains at risk, and FWP and the 

Service carefully monitor the status of 

the species. 

The Montana Fluvial Arctic Grayling 

Workgroup’s 1995 Montana Fluvial 

Arctic Grayling Restoration Plan and the 

Service’s 2004 Candidate Notice of 

Review have identified threats that 

contribute to the current and future 

status of the species. These include—

habitat loss, fragmentation, and 

degradation caused by hydrologic 

alterations and stream dewatering from 

irrigation withdrawals, thermal loading, 

loss of riparian habitat, and crosschannel irrigation diversion structures; 

drought; entrainment in irrigation 

ditches; and encroachment by nonnative 

70878 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 

trout species. Most of the current and 

historic fluvial Arctic grayling habitat in 

the Big Hole River watershed is on or 

adjacent to private lands. The decline of 

fluvial Arctic grayling in the system has 

been attributed in part to agricultural 

activities on these lands, so the active 

involvement of private landowners in 

conservation efforts is viewed as critical 

to the preservation of the species. 

Consequently, FWP has developed an 

Agreement for the fluvial Arctic grayling 

in cooperation with the NRCS, DNRC, 

and the Service; and has applied to the 

Service for a permit under section 

10(a)(1)(A) of the ESA (16 U.S.C. 1531 

et seq.), which would authorize future 

take of the fluvial Arctic grayling by 

FWP and cooperating landowners if and 

when the species is listed. The FWP and 

the Service believe approval of the 

Agreement is necessary to promote 

implementation of conservation 

measures on non-Federal lands. 

The FWP and the Service believe 

implementation of the Agreement will 

increase the distribution and abundance 

of fluvial Arctic grayling in the Big Hole 

River, and will make a significant 

contribution to the long-term viability of 

the species. Without the Agreement, 

FWP and the Service are concerned that 

the population of fluvial Arctic grayling 

in the Big Hole River may continue to 

decline. Further decline of the species 

will increase the risk of its extirpation. 

The FWP and the Service believe that 

implementing proactive conservation 

measures in cooperation with private 

landowners prior to any potential ESA 

listing will realize greater conservation 

benefits for the species than post-listing 

actions. 

Under the Agreement and permit, 

Participating Landowners would 

provide certain fluvial Arctic grayling 

habitat protection and/or enhancement 

measures on their lands. Protection and 

enhancement measures will be directed 

at improving habitat conditions for all 

age classes of fluvial Arctic grayling 

primarily by increasing instream flows, 

conserving or restoring riparian habitats, 

removing or mitigating for any manmade barriers to migration, and 

reducing threats from entrainment in 

irrigation ditches. If the fluvial Arctic 

grayling upper Missouri River DPS is 

listed under the ESA, and a 

Participating Landowner is properly 

implementing the agreed-to 

conservation measures, the permit 

would authorize take of fluvial Arctic 

grayling that may result from the nonFederal landowner’s agricultural or 

ranching related activities (e.g., surfacewater diversion and irrigation, hay 

cultivation and harvesting, livestock 

grazing, farm equipment operation) so 

long as they were being conducted 

according to the Agreement and the 

landowner’s site-specific plan. 

We are providing this notice pursuant 

to section 10(c) of the ESA and 

implementing regulations for the 

National Environmental Policy Act (40 

CFR § 1506.6). We will evaluate the 

permit application, associated 

documents, and comments submitted 

thereon to determine whether the 

permit application meets the 

requirements of section 10(a)(1)(A) of 

the ESA, the Service’s CCAA Policy and 

the National Environmental Policy Act. 

The Service also will evaluate whether 

the issuance of the permit and execution 

of the Agreement by the Service 

complies with section 7 of the ESA by 

conducting an intra-Service section 7 

consultation on the issuance of the 

permit and execution of the permit. If 

we determine that all requirements are 

met, we will sign the Agreement and 

issue an enhancement of survival permit 

under section 10(a)(1)(A) of the ESA to 

the FWP for take of fluvial Arctic 

grayling incidental to otherwise lawful 

activities in accordance with the terms 

of the Agreement and the permit. We 

will not make our final decision until 

after the end of the 60-day comment 

period and after consideration of all 

comments received during the comment 

period. 

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: October 18, 2005. 

Sharon R. Rose, 

Acting Regional Director, Denver, Colorado. 

[FR Doc. 05–23151 Filed 11–22–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Notice of Intent To Prepare a 

Comprehensive Conservation Plan and 

Environmental Assessment for Logan 

Cave National Wildlife Refuge in 

Benton County, AR 

AGENCY: Fish and Wildlife Service, 

Interior 

ACTION: Notice of intent. 

SUMMARY: The Fish and Wildlife 

Service, Southeast Region, intends to 

gather information necessary to prepare 

a comprehensive conservation plan and 

environmental assessment pursuant to 

the National Environmental Policy Act 

of 1969 and its implementing 

regulations. 

The National wildlife Refuge System 

Administration Act of 1966, as amended 

by the National Wildlife Refuge System 

Improvement Act of 1997, requires the 

Service to develop a comprehensive 

conservation plan for each national 

wildlife refuge. The purpose in 

developing a comprehensive 

conservation plan is to provide refuge 

managers with a 15-year strategy for 

achieving refuge purposes and 

contributing toward the mission of the 

National Wildlife Refuge System, 

consistent with sound principles of fish 

and wildlife management, conservation, 

legal mandates, and Service policies. In 

addition to outlining broad management 

direction on conserving wildlife and 

their habitats, plans identify wildlifedependent recreational opportunities 

available to the public, including 

opportunities for hunting, fishing, 

wildlife observation, wildlife 

photography, and environmental 

education and interpretation. 

The purpose of this notice is to 

achieve the following. 

(1) Advise other agencies and the 

public of our intentions, and 

(2) Obtain suggestions and 

information on the scope of issues to 

include in the environmental document. 

DATES: Special mailings, newspaper 

articles, and other media 

announcements will be used to inform 

the public and state and local 

government agencies of the 

opportunities for input throughout the 

planning process. Open house style 

meeting(s) will be held throughout the 

scoping phase of the comprehensive 

conservation plan development process. 

ADDRESSES: Comments, questions, and 

requests for more information regarding 

the Logan Cave National Wildlife Refuge 

planning process should be sent to: Ben 

Mense, Refuge Manager, Logan Cave 

National Wildlife Refuge, 10448 Holla 

Bend Road, Dardanelle, Arkansas 72834; 

Telephone 479/229–4300; Fax: 479/ 

229–4302; Electronic mail: 

ben_mense@fws.gov. To ensure 

consideration, written comments must 

be received no later than January 9, 

2006. Our practice is to make 

comments, including names and 

addresses of respondents, available for 

public review during regular business 

hours. Individual respondents may 

request that we withhold their home 

addresses from the record, which we 

will honor to the extent allowable by 

law. 

SUPPLEMENTARY INFORMATION: Logan 

Cave National Wildlife Refuge was 

established in 1989 under the 

Endangered Species Act of 1973. This 

123-acre Ozark Mountain refuge, which