[Federal Register Volume 64, Number 165 (Thursday, August 26, 1999)]
[Notices]
[Pages 46703-46705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21891]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Intent To Prepare Environmental Assessments or
Environmental Impact Statements for Permit Applications To Incidentally
Take the Preble's Meadow Jumping Mouse in Boulder, Douglas, Elbert, El
Paso, and Jefferson Counties, Colorado
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent and announcement of meetings.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are issuing
this notice to advise the public that one or more Environmental
Assessments (EA) and/or Environmental Impact Statements (EIS) will be
prepared regarding applications for permits under section 10(a) of the
Endangered Species Act to allow the incidental take of the Preble's
meadow jumping mouse (Zapus hudsonius preblei) in those counties with
an accompanying Habitat Conservation Plan (HCP). Public scoping
meetings will be held as identified below.
DATES: See ``Supplementary Information'' section for times and places
of Public scoping meetings to discuss the proposed action as it affects
each county identified with each meeting date. Additional dates may be
announced in the future for meetings sponsored by other local
governments.
ADDRESSES: Kathleen Linder, U.S. Fish and Wildlife Service, 755 Parfet
Street, Suite 361, Lakewood, Colorado 80215.
FOR FURTHER INFORMATION CONTACT: Lee Carlson, Colorado Field
Supervisor, (see ADDRESSES above), or telephone (303) 275-2370.
SUPPLEMENTARY INFORMATION:
[[Page 46704]]
Public Participation
1. October 18, 1999, 6:00 p.m., Boulder County--County Courthouse,
County Commissioners' Hearing Room, Third Floor, 1325 Pearl Street,
Boulder, Colorado 80306.
2. September 29, 1999, 9:00 a.m., Douglas County--Phillip S. Miller
County Building, Commissioners' Hearing Room, 100 Third Street, Castle
Rock, Colorado 80104.
3. September 21, 1999, 7:00 p.m., Elbert County--County Courthouse,
215 Comanche Street, Kiowa, Colorado 80117.
4. October 13, 1999, 6:00 p.m., El Paso County--Pikes Peak
Community College, Rampart Range Campus, 11195 Highway 83, Colorado
Springs, Colorado 80921.
5. September 30, 1999, 6:00 p.m., Jefferson County--County
Courthouse, 100 Jefferson County Parkway, Golden, Colorado 80419.
Each meeting will include a presentation about the Preble's meadow
jumping mouse, the background and history of the HCP development
process, the information available on the presence of this species in
the county, activities that may be affected by their presence, and
strategies to conserve the species while allowing land use activities
to continue. Submission of written and oral comments and questions will
be accepted at the meeting. Written comments regarding EA or EIS
scoping also may be submitted by October 30, 1999, to the address
above.
The Preble's meadow jumping mouse was listed as a threatened
species on May 11, 1998. Because of that listing, the species is
protected by the Act's prohibition against ``taking.'' The Act defines
``take'' to mean--to harass, harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect, or attempt to engage in such conduct.
``Harm'' is further defined by regulation as any act that kills or
injures wildlife including significant habitat modification or
degradation where it actually kills or injures wildlife by
significantly impairing essential behavior patterns, including
breeding, feeding, or sheltering (50 CFR 17.3). However, we may issue
permits to carry out prohibited activities involving threatened species
under certain circumstances. Regulations governing permits for
endangered and threatened wildlife are at 50 CFR 17.22.
Each of the Colorado counties listed above is preparing to apply to
the Service for an incidental take permit pursuant to section
10(a)(1)(b) of the Act, which authorizes the issuance of incidental
take permits to non-Federal landowners. Each permit would authorize the
incidental take of the Preble's meadow jumping mouse, and possibly
other threatened or endangered species listed in the HCP(s), during the
course of conducting otherwise lawful land use or development
activities in the county. Although public and private entities or
individuals have participated in development of the HCP(s) and may
benefit by issuance of the incidental take permit, each county
government listed above has accepted the responsibility of coordinating
preparation of an HCP, submission of the permit application, and
coordination of the preparation and processing of an EA or EIS for
Service review and approval.
The action to be described in each HCP is a program that will
ensure the continued conservation of the Preble's meadow jumping mouse
in the county for which the HCP(s) is prepared, while resolving
potential conflicts that may arise from the otherwise lawful activities
that may involve this species and its habitat on non-Federal lands in
that county. The environmental impacts that may result from
implementation of a conservation program described in the HCP(s) or as
a result of implementing other alternatives will be evaluated in the EA
or EIS. The county governments listed above, the Colorado Department of
Natural Resources (CDNR), and numerous other entities are engaged in
gathering information and developing HCP(s), section 10(a)(1)(B) permit
applications, and related EA's and/or EIS's in the counties listed
above. In this case, the HCP(s), section 10(a)(1)(B) permit
application, and EA or EIS materials are being developed concurrently.
Development of the HCP has involved, and will continue to involve,
an open process coordinated by CDNR. A total of 15 open meetings have
been held on February 4, February 13, February 18, February 19,
February 20, March 10, March 11, March 17, April 15, September 1,
September 3, September 8, and September 15, 1998, and June 21, 1999.
Those involved in this effort to date include other State and Federal
agencies, counties, cities, towns, industry representatives,
agricultural representatives, environmental representatives, and
biologists. It is anticipated that implementation of the conservation
strategies identified in the HCP(s) may be through purchases of
habitat, voluntary management agreements, county staff actions,
implementing agreements with property owners, and other techniques.
Alternatives
1. County HCP(s) and Incidental Take Permit(s) (Proposed Action)--
This action, which is the proposed action, seeks to address lands that
constitute potential Preble's meadow jumping mouse habitat within each
county, whether publicly or privately owned or large or small in size.
Such lands may include publicly owned lands, (such as Federal
facilities, State land board lands, State park lands, and other State-
owned lands; utility, highway, and railroad rights-of-ways; facilities,
parks, and open spaces owned by local governments; facilities and lands
owned by municipal utilities; and other lands owned by local
governments) as well as private and publicly owned land being used for
other land uses, such as agriculture or development. Individual
conservation strategies of landowners may include:
a. Avoiding disturbance of floodplains or nearby areas;
b. Engaging in agricultural practices designed to maintain habitat;
c. Revegetating riparian corridors between significant habitat
areas;
d. Participating in Federal or State land conservation incentive
programs;
e. Creating conservation easements with tax benefits;
f. Creating habitat banks and selling conservation credits to
others;
g. Mitigating lost habitat through the creation or enhancement of
habitat off site;
h. Participating in existing local government development review
processes;
i. Avoiding the grazing of large numbers of animals on small
acreage tracts;
j. Engaging in other practices or strategies designed to maintain
habitat, or possibly to enhance habitat, as science confirms their
effectiveness;
k. Creating an individual HCP if participation in the county HCP(s)
and incidental take permit(s) is not attractive or feasible for the
landowner.
This alternative seeks authority for long-term incidental take
permit(s). The HCP(s) will assure continued conservation measures as
well as monitoring and reporting procedures, as required by the Service
for the issuance of an incidental take permit. Service issuance of the
incidental take permit will authorize certain activities to proceed in
each county without violating the Act. Individual landowners may
participate in the HCP(s) through voluntary management programs,
implementing agreements with the county government, certificates of
inclusion in a county permit, sale or
[[Page 46705]]
donation of lands to a public or private conservation organization,
participation in State or Federal incentive programs for land
conservation, partnerships with other participants in the HCP effort,
agreement to the terms of the HCP(s) and the incidental take permit(s),
exemption from regulation based on the terms of the HCP or permit, or
other methods.
2. Multiple Individual HCP(s) and Incidental Take Permits for
Individual Landowners--This alternative would involve individual
landowners, or groups of landowners, preparing individual HCP(s) for
individual land use or development projects as the need arises. Any
conservation strategy listed in the proposed action could be applied to
similar facts or circumstances in an individual HCP. Conservation
strategies not discussed earlier also could be developed. This
alternative would involve separate HCP development and application
processes. In addition, it would require separate permit review
processes by the Service with the necessity of conducting separate EA
or EIS review procedures and documents. Implementation and oversight
would probably not involve the county government or CDNR, but would
require oversight and implementation as described in separate
implementation agreements and the permits themselves.
3. Single Statewide HCP and Incidental Take Permit--This
alternative would involve the development of a single HCP for the seven
Colorado counties listed, and a single incidental take permit related
to that HCP. Individual public and private landowners, including
county, town, and city governments, might participate in the HCP
through voluntary management programs, implementing agreements,
certificates of inclusion in the single incidental take permit, sale or
donation of lands to a public or private conservation organization,
participation in State or Federal incentive programs for land
conservation, partnerships with other participants in the HCP effort,
agreement to the terms of the HCP and the incidental take permit,
exemption from regulation based on the terms of the HCP or permit, or
other methods. Implementation of the terms of the HCP might require an
intergovernmental agreement with each local government whose boundaries
include a participating landowner.
Alternatives 1, 2, and 3 also incorporate the concept of ``adaptive
management.'' As science and conservation strategies evolve or
demonstrate a need to change, the landowner could modify the
conservation strategies as needed. Therefore, as science and
information progress, so may the conservation strategies and activities
under the HCP(s) and permit(s).
4. No Action Alternative--Under the No Action Alternative, no
section 10(a)(1)(B) permit would be issued and activities involving the
take of the Preble's meadow jumping mouse would remain prohibited under
section 9 of the Act. Activities that would avoid the take of the
species could continue. Proposed activities on non-Federal land that
may affect the Preble's meadow jumping mouse would require submitting
an individual section 10(a)(1)(B) permit to the Service. If a Federal
action (such as construction of a proposed road or interchange with
Federal funds) would affect the species, incidental take could be
allowed through the consultation process outlined in section 7 of the
Act, and through the development of an incidental take statement if the
proposed action were determined to not jeopardize the continued
existence of the species.
Issue Resolution and Environmental Review
The primary issue to be addressed through the scoping and planning
process for the HCP(s) and related EA or EIS documents is how to
resolve potential conflicts between development and land management
practices and listed species in each county. A tentative list of
issues, concerns, and opportunities has been developed. There will be
discussion of the potential effects of each alternative, which will
include the following areas:
a. The Preble's meadow jumping mouse and its habitat in each
county.
b. Other federally listed threatened or endangered species in each
county.
c. State listed species in the State of Colorado.
d. Effects on other species of plants and animals.
e. Socioeconomic effects.
f. The use of Federal, State, county, or local public lands for
conservation of the Preble's meadow jumping mouse.
g. The use of privately owned lands for conservation of the
Preble's meadow jumping mouse.
h. Need for adequate funding.
i. Effects on species recovery.
Environmental review of the proposed action will be conducted in
accordance with the requirements of the National Environmental Policy
Act of 1969, as amended (42 U.S.C. 4321 et seq.), National
Environmental Policy Act regulations (40 CFR parts 1500-1508), other
appropriate Federal regulations, and our procedures for compliance with
those regulations. This notice is being furnished in accordance with
section 1501.7 of the National Environmental Policy Act to obtain
suggestions from other agencies, tribes, and the public on the scope of
issues to be addressed in the EA or EIS.
Public Comments Solicited
We solicit written comments on the information described above. All
comments received by the date specified in the DATES section above will
be considered.
Authority: National Environmental Policy Act of 1969, as amended
(42 U.S.C. 4321 et seq.).
Dated: August 17, 1999.
Terry Terrell,
Regional Director, Denver, Colorado.
[FR Doc. 99-21891 Filed 8-25-99; 8:45 am]
BILLING CODE 4310-55-P
