DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Candidate Conservation Agreement with Assurances and Permit
Application for a Proposed Reintroduction of the Robust Redhorse
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: The Fish and Wildlife Service has received an application from
Georgia Power Company (Applicant) for an enhancement of survival permit
(ESP) pursuant to section 10(a)(1)(A) of the Endangered Species Act of
1973 (U.S.C. 1531 et seq.), as amended (Act). With the assistance of
the Georgia Department of Natural Resources (GDNR) and the Service,
Georgia Power Company proposes to reintroduce the robust redhorse
(Moxostoma robustum) into a portion of the upper Ocmulgee River in
central Georgia and conduct related research and monitoring activities.
We are announcing our receipt of the permit application as well as the
availability of a proposed Candidate Conservation Agreement with
Assurances (CCAA) for the robust redhorse that is intended to
facilitate the implementation of conservation measures for the species
by the Applicant, GDNR, and the Service in support of on-going efforts
to reintroduce the species into areas where it historically occurred.
DATES: Written comments on the CCAA and ESP application should be sent
to the Service's Regional Office (see ADDRESSES) and should be received
on or before November 29, 2001.
ADDRESSES: Persons wishing to review the CCAA and ESP application may
obtain copies by writing the Service's Southeast Regional Office,
Atlanta, Georgia. Documents will also be available for public
inspection by appointment during normal business hours at the Regional
Office, 1875 Century Boulevard, Suite 200, Atlanta, Georgia 30345
(Attn: Endangered Species Permits), or Field Supervisor, U.S. Fish and
Wildlife Service, 247 South Milledge Avenue, Athens, Georgia 30605.
Written data or comments concerning the CCAA or ESP application should
be submitted to the Regional Office at the address listed above and
must be submitted in writing to be adequately considered in the
Service's decision-making process. Please reference permit number
TE038547-0 in your comments, or in requests of the documents discussed
herein.
FOR FURTHER INFORMATION CONTACT: Mr. Lee Andrews, Regional CCAA
Coordinator, (see ADDRESSES above), telephone: 404/679-7217, facsimile:
404/679-7081; or Mr. Mark Bowers, Fish and Wildlife Biologist, Georgia
Field Office, Athens, Georgia (see ADDRESSES above), telephone: 706/
613-9493.
SUPPLEMENTARY INFORMATION: The robust redhorse is a large, rare sucker
that was originally described from the Yadkin River, North Carolina, in
1869 by Edward Cope. Few specimens were collected and the species'
status was uncertain until 1991 when a single population of robust
redhorse was discovered by GDNR biologists along a 70-mile reach of the
Oconee River in central Georgia. The robust redhorse is the largest
North American sucker species and historically occurred in medium to
large rivers of the South Atlantic Coastal Plain where it spawned on
clean, rocky shoals. It is listed by the State of Georgia as endangered
and is considered a species of management concern by the Service.
Since the rediscovery of the species, a number of management and
conservation efforts for the robust redhorse have been implemented by
the Robust Redhorse Conservation Committee (RRCC), which was
established in 1995 through a
[[Page 54777]]
Memorandum of Understanding among State and Federal agencies, private
interests, research scientists, industry, and conservation
organizations. The RRCC works voluntarily and cooperatively to
determine the status of known robust redhorse populations, establish
additional populations, and implement necessary research and other
actions to maintain or enhance the survival of this species within its
historic range. The Applicant, GDNR, and the Service are each members
of the RRCC.
The RRCC has made significant conservation advances relative to the
robust redhorse since 1995, including the development of propagation
techniques, progress in the understanding of the species' life history
and habitat requirements, and the discovery of three additional natural
populations. In addition, three refugial populations have been
established based on techniques developed through this cooperative
effort. The RRCC has also secured funding necessary to continue and
expand collaborative conservation efforts and research for the robust
redhorse.
The RRCC has also developed a Conservation Strategy for the robust
redhorse that includes short- and long-term goals for the conservation
of the species. The short-term goals of the Conservation Strategy
include, but are not limited to: (1) Establishing refugial populations
to reduce the impact of potential catastrophic events on the species'
survival; (2) Determining habitat and life history requirements of
robust redhorse; and (3) Establishing reintroduction plans or
agreements to facilitate conservation actions for specific sites. The
long-term goal of the Conservation Strategy is to establish or maintain
at least six self-sustaining populations of robust redhorse distributed
throughout the species' historic range. These conservation goals are
based on the recommendations of the RRCC, fishery biologists, research
scientists, and State and Federal resource agencies, and are based on
research reviewed by members of the RRCC. The activities covered by the
proposed CCAA complement the efforts of the RRCC and support the RRCC's
goals of establishing refugial and self-sustaining populations
throughout the species' historic range.
CCAAs encourage private and other non-Federal property owners to
implement conservation efforts and reduce threats to unlisted but
declining species by assuring those landowners that they will not be
subjected to increased land and water use restrictions if a species
covered by a CCAA is listed in the future. By focusing on species which
are not currently listed under the Act, including species proposed for
listing, species which are formal candidates for listing, and species
which may become proposed or candidate species in the future, CCAAs
provide the opportunity to conserve declining species prior to or
instead of listing. The robust redhorse is considered to be a species
of management concern, and, as such, could become a proposed or
candidate species in the future. Efforts such as those proposed in
conjunction with the proposed CCAA will expedite reintroduction of
robust redhorse into the Ocmulgee River by providing the Applicant with
a regulatory incentive for participation that would not likely exist
except for this CCAA. In this way, the proposed CCAA will address both
the needs of the species and those of the Applicant.
The proposed CCAA represents a significant milestone in the
cooperative conservation efforts for the species and is consistent with
section 2(a)(5) of the Act, which encourages creative partnerships
among public, private, and government entities to conserve imperiled
species and their habitats. Consistent with our CCAA policy, the
proposed CCAA is intended to facilitate conservation actions for robust
redhorse that will remove or reduce the threats to the species. The
CCAA is also intended to provide the Applicant with regulatory
certainty related to its electric power generation operations at Lloyd
Shoals Dam, which controls flows within that portion of the Ocmulgee
River where the conservation actions will occur, should the robust
redhorse become federally listed as threatened or endangered in the
future.
The conservation measures in the CCAA would be implemented by the
Applicant, with the assistance of GDNR and the Service, and would
consist of reintroducing robust redhorse into a portion of the upper
Ocmulgee River in central Georgia, monitoring the effectiveness of
reintroduction efforts, conducting research on critical life history
and habitat requirements for the species within the project area, and
working collaboratively to identify and protect important robust
redhorse habitats within the project area through existing laws and
regulations. These objectives support the Conservation Strategy for the
species developed by the RRCC.
The Applicant has committed to implement the conservation measures
specified in the CCAA and requests issuance of the ESP in order to
address the take prohibitions of section 9 of the Act should the
species become listed in the future. When determining whether to issue
the requested ESP, the Service will consider a number of factors and
information sources including the project's administrative record, any
public comments received, and the application requirements and issuance
criteria for CCAAs contained in 50 CFR part 17.22(d) and part 17.32(d).
The Service will also evaluate whether the issuance of the ESP complies
with section 7 of the Act by conducting an intra-Service section 7
consultation. The results of this consultation, in combination with the
above findings, regulations, and public comments, will be used in the
final analysis to determine whether or not to issue the requested ESP.
In a CCAA, we will provide that if any species covered by the CCAA
is listed, and the CCAA has been implemented in good faith by the
Applicant, we will not require additional conservation measures nor
impose additional land, water, or resource use restrictions beyond
those the property owner voluntarily committed to under the terms of
the CCAA. We have made the preliminary determination that the
Applicant's conservation measures will likely meet the intent of the
CCAA policy, primarily due to the potential establishment of another
self-sustaining population of the species within its historic range.
The proposed CCAA would be in effect for a period of 22 years in that
portion of the Ocmulgee River lying downstream of Lloyd Shoals Dam
(river mile 250.2) and upstream of a low-head dam at Juliette, Georgia
(river mile 230.9). Habitat conditions within this portion of the
Ocmulgee River have been evaluated by the Applicant, GDNR, and the
Service and are believed to be suitable for the robust redhorse such
that there is a high likelihood that a refugial or reproducing
population will become established.
We are providing this notice pursuant to section 10(c) of the
Endangered Species Act and implementing regulations for the National
Environmental Policy Act (40 CFR part 1506). We will not make our final
determination until after the end of the 30-day comment period and will
fully consider all comments received during the comment period. If the
final analysis shows the CCAA to be consistent with the Service's
policies and applicable regulations, the Service will sign the CCAA and
issue the ESP. The proposed ESP would, in compliance with the CCAA
policy, only become valid on such date as the robust redhorse is listed
as a threatened or endangered species under the Act.
[[Page 54778]]
This notice also advises the public that the Service has made a
preliminary determination that issuance of the ESP will not result in
significant environmental, economic, social, historical or cultural
impacts and is, therefore, categorically excluded from review under the
National Environmental Policy Act of 1969, as amended (NEPA), pursuant
to 516 Departmental Manual 2, Appendix 1 and 516 Departmental Manual 6,
Appendix 1. This notice is provided pursuant to section 10 of the Act
and our CCAA Policy (Federal Register Vol. 64, No. 116, June 17, 1999,
pp. 32726-32736). The Service specifically requests information, views,
and opinions from the public via this notice. Further, the Service is
specifically soliciting information regarding the adequacy of the CCAA
as measured against the Service's CCAA Policy.
Dated: October 22, 2001.
H. Dale Hall,
Acting Regional Director.
[FR Doc. 01-27213 Filed 10-29-01; 8:45 am]
BILLING CODE 4310-55-P
/-----------------------------------------------------------------------------
/"Unless stated otherwise, comments made on this list do not necessarily
/ reflect the beliefs or goals of the North American Native Fishes
/ Association"
/ This is the discussion list of the North American Native Fishes Association
/ nanfa_at_aquaria.net. To subscribe, unsubscribe, or get help, send the word
/ subscribe, unsubscribe, or help in the body (not subject) of an email to
/ nanfa-request_at_aquaria.net. For a digest version, send the command to
/ nanfa-digest-request_at_aquaria.net instead.
/ For more information about NANFA, visit our web page, http://www.nanfa.org