[Federal Register: January 7, 2000 (Volume 65, Number 5)] [Notices] [Page 1163-1165] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr07ja00-65] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Availability of a Draft Environmental Assessment and Receipt of an Application for an Incidental Take Permit for the Tulare Irrigation District Main Intake Canal Lining Project, Tulare County, CA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability and receipt of application. ----------------------------------------------------------------------- SUMMARY: The Tulare Irrigation District has applied to the Fish and Wildlife Service (Service) for an incidental take permit (Permit) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Service proposes to issue a 5-year Permit to Tulare Irrigation District that [[Page 1164]] would authorize take of the threatened valley elderberry longhorn beetle (Desmocerus californicus dimorphus) (beetle) and the endangered San Joaquin kit fox (Vulpes macrotis mutica) (fox) incidental to otherwise lawful activities. Such take would occur during the concrete lining of 9.7 miles of an existing canal in Tulare County, California. Lining of the canal will result in the loss of up to 54 elderberry plants with 227 stems which provide habitat for the beetle. This project may also result in destruction of potential fox dens, and could result in harassment of foxes during construction. This notice advises the public that the Service has opened the comment period on the permit application and the draft environmental assessment. The permit application includes Tulare Irrigation District's Habitat Conservation Plan (Plan) for the beetle and fox. The Plan describes the proposed project and the measures that Tulare Irrigation District would undertake to minimize and mitigate take of beetles and foxes. The environmental assessment addresses effects on the environment that may result from the Service's issuance of the Permit. Issuance of a Permit to Tulare Irrigation District for the canal lining project has already been subject to a 30-day public comment period (64 FR 42408). The original application requested incidental take for the beetle only. The Service now proposes to issue the Permit for take of the beetle and the fox. The Service will evaluate the application, associated documents, and comments submitted thereon to determine whether the application meets the requirements of the National Environmental Policy Act and section 10(a) of Act. The Service will also evaluate whether the issuance of the requested permit complies with section 7 of the Act by conducting an intra-Service section 7 consultation. The resulting section 7 biological opinion, in combination with the National Environmental Protection Act and section 10(a) evaluations, will be used in the final analysis to determine whether or not to issue the requested permit. The final National Environmental Protection Act and Endangered Species Act determinations will not be completed until after the end of a 30-day comment period and will fully consider all comments received. If it is determined that the requirements are met, the requested permit will be issued for the incidental take of the beetle and fox subject to the provisions of Tulare Irrigation District's Plan. DATES: Written comments should be received on or before February 7, 2000. ADDRESSES: Send written comments to Mr. Wayne White, Field Supervisor, Fish and Wildlife Service, 2800 Cottage Way, Room W-2605, Sacramento, California 95825-1846. Comments may be sent by facsimile to 916-414- 6713. FOR FURTHER INFORMATION CONTACT: Ms. Jesse Wild, Fish and Wildlife Biologist, at the above address or call (916) 414-6600. SUPPLEMENTARY INFORMATION: Document Availability Please contact the above office if you would like copies of the application, Plan, and environmental assessment. Documents also will be available for review by appointment, during normal business hours at the above address. Background Section 9 of the Act and Federal regulations prohibit the ``take'' of fish or wildlife species listed as endangered or threatened. Take of listed fish or wildlife is defined under the Act to include kill, harm, or harass. The Service may, under limited circumstances, issue permits to authorize incidental take; i.e., take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Regulations governing incidental take permits for threatened and endangered species are found in 50 CFR 17.32 and 17.22, respectively. Tulare Irrigation District operates the Main Intake Canal (canal) primarily to transport an average of 60,000 acre-feet of water from the St. Johns and Kaweah Rivers to agricultural areas within Tulare Irrigation District boundaries. The canal begins at a turnout on the Friant-Kern Canal approximately 4 miles east of the community of Ivanhoe in Tulare County and proceeds in a general southwesterly direction to the Tulare Irrigation District boundary at Road 132 approximately 3 miles west of the community of Farmersville. The existing canal is unlined with a varying capacity up to 900 cubic feet per second. Since 1978, the canal has conveyed water an average of 177 days per year. According to Tulare Irrigation District, approximately 10 percent of water conveyed through the canal is lost to seepage. Therefore, Tulare Irrigation District has proposed to line the canal to conserve water, increase water deliveries, and decrease per-unit costs associated with water deliveries. Although the maintained banks of the canal are generally unvegetated, several mature oaks, cottonwoods, and elderberry bushes are present within and adjacent to Tulare Irrigation District right-of- ways. Land use adjacent to the canal is primarily agricultural (vineyards, orchards, and nurseries) interspersed with stretches of sparse residential and industrial developments. The irrigation district comprises approximately 70,000 acres of land, which has been entirely developed for agricultural, residential, and/or commercial purposes. In 1998, biologists surveyed the project area for special-status wildlife and plant species that could be affected by the project. Blue elderberry plants, potential habitat for the beetle, were observed at various locations along the canal. Some of these plants had stems with exit holes indicating use by beetles. Potential fox den sites were also found along the canal. Lining of the canal will result in the loss of up to 54 elderberry plants (beetle habitat) with 227 stems greater than one inch in diameter (the minimum stem size believed to be necessary for supporting beetles). Tulare Irrigation District has agreed to implement the following measures to minimize and mitigate take of the beetle: (1) Protect elderberry bushes in place, where possible, by using protective fencing and conducting educational meetings with contractors to highlight the importance of protecting elderberry bushes; and (2) make a one-time payment into the Beetle Mitigation Fund that has been established through a joint agreement between the Service and the Center for Natural Lands Management. Payments made to the Beetle Mitigation Fund will be dispersed by the Center for Natural Lands Management at the direction of the Service to preserve and manage large tracts of habitat suitable for supporting beetles. Foxes potentially inhabiting the project area could be harassed through temporary disturbance during construction. The Service expects take of up to five potential fox dens. To minimize these impacts, Tulare Irrigation District agreed to implement the following measures to minimize take of foxes: (1) Conduct preconstruction surveys consistent with Service protocol; (2) collapse unoccupied potential dens to prevent occupation during construction; (3) limit construction to daylight hours, to minimize harassment of nocturnally active wildlife, including foxes; (4) cap pipes over four inches in diameter, or check any such pipes for wildlife before they are moved; (5) check for presence of wildlife before operating any equipment with the potential to conceal [[Page 1165]] wildlife; and (6) place speed limits of 20 miles per hour or less on canal roads. The Proposed Action addressed in the environmental assessment consists of the issuance of a Permit to allow the potential incidental take of beetles and foxes incidental to the Main Intake Canal Lining Project. The environmental assessment focuses on the potential impacts on beetles and foxes that may result from issuance of a Permit and implementation of the Plan. Impacts on other resources (ground water and surface water, land use, aesthetic resources, air quality, noise, cultural resources, public services, traffic, and circulation) are discussed in detail in the Environmental Impact Report for the Main Intake Canal Lining Project and are summarized in the Service's environmental assessment. An alternative to the taking of listed species under the Proposed Action is considered in the Plan and environmental assessment. Under the No Action Alternative, no permit would be issued. However, the No Action Alternative is unacceptable as it will continue to result in the loss of up to 6,000 acre-feet of water per year. Five other alternatives are presented in the Plan and the environmental assessment, but are considered unacceptable for various reasons, including disagreement among, or opposition from, local landowners. All interested agencies, organizations, and individuals are urged to provide comments on the permit application and environmental assessment. All comments received by the closing date will be considered in finalizing National Environmental Protection Act compliance and permit issuance or denial. The Service will publish a record on its final action in the Federal Register. Dated: January 3, 2000. Thomas Dwyer, Acting Regional Director, Fish and Wildlife Service, Portland, Oregon. [FR Doc. 00-333 Filed 1-6-00; 8:45 am] BILLING CODE 4310-55-P