Amendment to the Safe Harbor Agreement with the City of Tempe for the Rio Salado Project Area, Tempe, Maricopa County, Arizona
Amendment to the Safe Harbor Agreement with the City of Tempe for the Rio Salado Project Area, Tempe, Maricopa County, Arizona January 2018 1. Introduction The Safe Harbor Agreement (Agreement) and associated Enhancement/Restoration Activities Permit (TE133286‐0) for the Rio Salado Project Area, Tempe, Maricopa County, Arizona, was approved and issued by the U.S. Fish and Wildlife Service (Service) in April 2008. The Agreement covers management activities affecting lands owned or otherwise controlled by the City of Tempe, and covers Yuma clapper rail (Rallus longirostris yumanensis), southwestern willow flycatcher (Empidonax traillii extimus), and bald eagle (Haliaeetus leucocephalus). Under the Agreement, the City of Tempe is to manage 159 acres of the covered species habitat for a period of 50 years, along the Salt River and within the Rio Salado Project Area from approximately McClintock Drive to Priest Drive (excluding Tempe Town Lake). Also under the Agreement, Tempe is responsible for annual monitoring and reporting related to implementation of the Agreement and fulfillment of its provisions, including verification of baseline maintenance, implementation of agreed‐upon conservation measures, and the amount of take that occurred, as authorized by the Permit. On October 3, 2014, the FWS announced that the western population of the yellow‐billed cuckoo (Coccyzus americanus) (YBCU) would be protected as a threatened species under the Endangered Species Act of 1973 (ESA), as amended. The FWS rule was published in the Federal Register (79 FR 59992) and became effective on November 3, 2014. As a result of the YBCU listing, the City of Tempe requests an amendment to the Agreement and Permit TE‐133286‐0, Section 3, List of Covered Species, to include the YBCU.
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