[Federal Register Volume 66, Number 192 (Wednesday, October 3, 2001)]
[Notices]
[Pages 50444-50445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24759]
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DEPARTMENT OF INTERIOR
Fish and Wildlife Service
Availability of an Environmental Action Statement and Receipt of
an Application From Paramount Farming Company for a Permit To Enhance
the Survival of the San Joaquin Kit Fox in Kern County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of Availability.
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SUMMARY: Paramount Farming Company (Applicant) has applied to the 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. The permit application includes a proposed Safe Harbor
Agreement (Agreement) between the Applicant and the Service. The
Agreement allows for management and conservation of the endangered San
Joaquin kit fox (Vulpes macrotis mutica) on 1,668 acres of private
land, owned by the Applicant, between the Lost Hills oil field and the
California Aqueduct, in western Kern County. The proposed duration of
both the Agreement and permit is 3 years, and can be extended on an
annual basis.
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. The basis for this
determination is contained in an Environmental Action Statement, which
also is available for public review.
DATES: Written comments should be received on or before November 2,
2001.
ADDRESSES: Comments should be addressed to Chief, Conservation Planning
Division, Fish and Wildlife Service, 2800 Cottage Way, W-2605,
Sacramento, California, 95825-1846 or sent by facsimile to (916) 414-
6713.
FOR FURTHER INFORMATION CONTACT: Susan Jones, Fish and Wildlife
Biologist, at (916) 414-6600 (see ADDRESSES).
SUPPLEMENTARY INFORMATION:
Document Availability
Individuals wishing copies of the application, Agreement, and
Environmental Action Statement should immediately contact the Service
by telephone at (916) 414-6600 or by letter to the Sacramento Fish and
Wildlife Office. Copies of the documents are also available for public
inspection at the Sacramento Fish and Wildlife Office during regular
business hours.
Background
Under a Safe Harbor Agreement, participating landowners voluntarily
undertake management activities on their property to enhance, restore,
or maintain habitat benefitting species listed under the Endangered
Species Act of 1973, as amended. Safe Harbor Agreements encourage
private and other non-Federal property owners to implement conservation
efforts for listed species by assuring property owners they will not be
subjected to increased property use restrictions if their efforts
attract listed species to their property or 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).
The Applicant has developed the proposed Agreement for the
conservation of the endangered San Joaquin kit fox on 1,668 acres of
their land in Kern County, California. The escape dens are being placed
purposely in an active acricultural area to determine if, while
foraging in agricultural fields, San Joaquin kit foxes can escape
predation by coyotes, red foxes, and other canids. During the 3-year
period, some escape dens may be relocated in response to data from the
[[Page 50445]]
study. Approximately 25 escape dens will be installed in above-ground
mounds, to reduce the risk of flooding from crop irrigation, especially
with regard to row crops. Of these, approximately four will consist of
a concrete or metal chamber that is generally buried several feet below
the surface and connected to the surface by means of one or two 8-inch
pipes. The remaining escape dens will be suitable diameter pipes placed
on the surface and covered with dirt in such a way as to leave one or
both ends of the pipe open. The total surface area buffer around the
escape den sites that needs to be kept free of earth moving activities,
planting, or other disturbance will be no less than 10 feet and up to
30 feet when possible. To minimize the amount of affected agricultural
land, the escape dens will be located along existing agricultural
roads, irrigation canals, or other areas not in current agricultural
use. To optimize distribution, some escape dens may be located on land
currently in agricultural use. Use of the escape dens will be monitored
by the Endangered Species Recovery Program, a cooperative research
program based out of California State University at Fresno, California.
Monitoring will be conducted using radio telemetry of radio-collared
San Joaquin kit fox, spotlighting, track plates, remote cameras, and
physical inspection. Scheduling of all activities related to this
project will occur to ensure that there is no interference with
agricultural activities on Paramount Farm's land.
Threats to survival of the San Joaquin kit fox include loss and
degradation of habitat by agricultural and industrial developments and
urbanization, and fragmentation of habitat by development and roads, as
detailed in the Recovery Plan for Upland Species of the San Joaquin
Valley prepared by the Service in 1998. The Agreement provides a net
conservation benefit to San Joaquin kit fox by (1) providing
information about San Joaquin kit fox use of escape dens on
agricultural lands and (2) facilitating movement of San Joaquin kit fox
across agricultural lands. The biological goal of San Joaquin kit fox
conservation measures in the Agreement is to improve movement of San
Joaquin kit foxes between populations that are becoming more and more
isolated. Recovery of the species would be enhanced by more movement of
San Joaquin kit foxes between populations and lower predation rates of
San Joaquin kit fox on agricultural lands.
Consistent with the Service's Safe Harbor Agreement, regulation and
policy, under the Agreement, the Service would issue a permit to the
Applicant authorizing incidental take as a result of normal
agricultural activities on the 1,668 acres. Cotton, barley, wheat, and
safflower are grown on about 69 percent of these acres; pistachios
cover about 21 percent, and almonds 5 percent. Approximately 5 percent
is a former orchard that is now a disced field. Normal agricultural
practices that are expected to occur on these lands and that are
proposed to be included in the Agreement are discing, irrigation, and
harvesting. Application of pesticides will not be covered by the Safe
Harbor Agreement.
The Applicant also will receive incidental take authorization,
should San Joaquin kit fox activity on their land be enhanced through
the artificial escape dens. While unlikely, it is possible that in the
course of normal agricultural activities, a San Joaquin kit fox
accidently could be injured or killed.
This Agreement will allow the Applicant to remove the artificial
escape dens and return the area to it's prior, or baseline condition
(i.e., no San Joaquin kit fox dens) after 3 years, if so desired by the
Applicant.
The Service has made a preliminary determination that approval of
the Agreement qualifies as a categorical exclusion under the National
Environmental Policy Act, as provided by the Department of Interior
Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1) based on the
following criteria: (1) Implementation of the Agreement would result in
minor or negligible effects on federally listed, proposed, and
candidate species and their habitats; (2) implementation of the
Agreement would result in minor or negligible effects on other
environmental values or resources; and (3) impacts of the Agreement,
considered together with the impacts of other past, present and
reasonably foreseeable similarly situated projects would not result,
over time, in cumulative effects to environmental values or resources
which would be considered significant. As more fully explained in our
Environmental Action Statement, the Agreement qualifies for a
Categorical Exclusion from NEPA for the following reasons:
1. Approval of the Agreement would result in minor or negligible
effects on the San Joaquin kit fox. The Service does not anticipated
significant direct or cumulative effects to the San Joaquin kit fox
resulting from the proposed project.
2. Approval of the Agreement would not have adverse effects on
unique geographic, historic or cultural sites, or involve unique or
unknown environmental risks.
3. Approval of the Agreement would not result in any cumulative or
growth inducing impacts and, therefore, would not result in significant
adverse effects on public health or safety.
4. The project does not require compliance with Executive Order
11988 (Floodplain Management), Executive Order 11990 (Protection of
Wetlands), or the Fish and Wildlife Coordination Act, nor does it
threaten to violate a Federal, State, local or tribal law or
requirement imposed for the protection of the environment.
5. Approval of the Agreement would establish a precedent for future
actions or represent a decision in principle about future actions with
potentially significant environmental effects.
Based upon this preliminary determination, we do not intend to
prepare further NEPA documentation. The Service will consider public
comments in making it final determination on whether to prepare such
additional documentation.
The Service provides this notice pursuant to section 10(c) of the
Endangered Species Act and pursuant to implementing regulations for
NEPA (40 CFR 1506.6). All comments received on the permit application
and Agreement, including names and addresses, will become part of the
Administrative record and may be released to the public. We will
evaluate the permit application, the Agreement, and comments submitted
thereon to determine whether the application meets the requirements of
section 10(a) of the Act and NEPA regulations. If the requirements are
met, the Service will sign the proposed Agreement and issue an
enhancement of survival permit under section 10(a)(1)(A) of the
Endangered Species Act to the Applicant for take of San Joaquin kit fox
incidental to otherwise lawful activities of the project. The Service
will not make a final decision until after the end of the 30-day
comment period and will fully consider all comments received during the
comment period.
Dated: September 27, 2001.
Duane K. McDermond,
Acting Deputy Manager, California/Nevada Operations Office, Fish and
Wildlife Service, Sacramento, California.
[FR Doc. 01-24759 Filed 10-2-01; 8:45 am]
BILLING CODE 4130-55-P
