[Federal Register: August 13, 2008 (Volume 73, Number 157)]
[Notices]
[Page 47209-47210]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au08-115]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2008-N0202; 81430-1112-0000-F2]
Proposed Low Effect Habitat Conservation Plan for Restoration and
Management of the Linden H. Chandler Preserve, City of Rolling Hills
Estates, County of Los Angeles, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: The Palos Verdes Peninsula Land Conservancy (applicant) has
applied to the U.S. Fish and Wildlife Service (Service) for a 25-year
incidental take permit for one covered species pursuant to section
10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act).
The application addresses the potential for ``take'' of the endangered
Palos Verdes blue butterfly (Glaucopsyche lygdamus palosverdesensis,
``PVB'') associated with restoration and management of the Linden H.
Chandler Preserve (``Preserve'') in the City of Rolling Hills Estates,
Los Angeles County, California. Following reintroduction of PVB to the
Preserve, measures to minimize impacts to PVB would be implemented as
described in the proposed Restoration and Management of the Linden H.
Chandler Preserve Low Effect Habitat Conservation Plan (proposed HCP),
which would be implemented by the applicant.
We are requesting comments on the permit application and on the
preliminary determination that the proposed HCP qualifies as a ``Low-
effect'' Habitat Conservation Plan, eligible for a categorical
exclusion under the National Environmental Policy Act (NEPA) of 1969,
as amended. The basis for this determination is discussed in the
Environmental Action Statement (EAS) and the associated Low Effect
Screening Form, which are also available for public review.
DATES: Written comments should be received on or before September 12,
2008.
ADDRESSES: Comments should be addressed to the Field Supervisor, Fish
and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden
Valley Road, Carlsbad, California 92011. Written comments may be sent
by facsimile to (760) 918-0638.
FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES);
telephone: (760) 431-9440.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Individuals wishing copies of the application, proposed HCP, and
EAS should immediately contact the Service by telephone at (760) 431-
9440 or by letter to the Carlsbad Fish and Wildlife Office. Copies of
the proposed HCP and EAS also are available for public inspection
during regular business hours at the Carlsbad Fish and Wildlife Office
[see ADDRESSES].
Background
Section 9 of the Act and its implementing Federal regulations
prohibit the take of animal species listed as endangered or threatened.
Take is defined under the Act as to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture or collect listed animal species, or attempt
to engage in such conduct (16 U.S.C. 1538). However, under section
10(a) of the Act, the Service may issue permits to authorize incidental
take of listed species. ``Incidental take'' is defined by the Act as
take that is incidental to, and not the purpose of, carrying out an
otherwise lawful activity. Regulations governing incidental take
permits for threatened and endangered species, respectively, are found
in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32.
The applicant is seeking a permit for take of the Palos Verdes blue
butterfly during the life of the permit. This species is referred to as
the ``PVB'' in the proposed HCP. The PVB is restricted to the Palos
Verdes Peninsula in Los Angeles County, California.
[[Page 47210]]
The applicant initiated native habitat restoration activities
within the Preserve in 1999 and proposes to reintroduce PVB once
suitable habitat for the species is established. Following
reintroduction of PVB, the applicant will continue to maintain native
plant cover and eliminate invasive species on up to 28.5 acres within
the Preserve. Restoration and management activities may include
irrigation system installation and repair, mechanical weed removal,
application of herbicides, planting, seeding, mechanical weeding, and
removal of organic debris as necessary to enhance habitat for PVB.
The applicant proposes to minimize the effects to PVB associated
with the proposed restoration activities by restricting certain
activities during the flight season (February 15 to June 15), and
avoiding disturbance to host plants and surrounding soil. The applicant
will also conduct surveys for PVB for the first five years following
reintroduction and a minimum of every three years thereafter to track
peak abundance and patterns of occupancy within the Preserve.
Restoration activities have the potential to result in take of a small
number of PVB pupae if host plants and surrounding soil are
incidentally disturbed. Surveys for PVB during the flight season have
the potential to take a small number of adults if they are flushed from
the site and not able to successfully reproduce. The project will
result in an increase in the quality and quantity of habitat for PVB
within the Preserve; therefore, no additional mitigation is proposed.
The Proposed Action consists of the issuance of an incidental take
permit and implementation of the proposed HCP, which includes measures
to minimize impacts of the project on PVB. One alternative to the
taking of the listed species under the Proposed Action is considered in
the proposed HCP. Under the No Action Alternative, no permit would be
issued, and reintroduction of PVB to the Preserve would not occur.
Management and restoration efforts would continue in the Preserve;
however, the threat of extinction of PVB in the wild would remain high.
The Service has made a preliminary determination that approval of
the proposed HCP qualifies as a categorical exclusion under NEPA, as
provided by the Department of the Interior Manual (516 DM8) and as a
``low-effect'' plan as defined by the Habitat Conservation Planning
Handbook (November 1996). Determination of Low-effect Habitat
Conservation Plans is based on the following three criteria: (1)
Implementation of the proposed HCP would result in minor or negligible
effects on federally listed, proposed, and candidate species and their
habitats; (2) Implementation of the proposed HCP would result in minor
or negligible effects on other environmental values or resources; and
(3) Impacts of the proposed HCP, 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.
Based upon this preliminary determination, we do not intend to
prepare further NEPA documentation. We will consider public comments in
making the final determination on whether to prepare such additional
documentation.
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
This notice is provided pursuant to section 10(c) of the Act. We
will evaluate the permit application, the proposed HCP, and comments
submitted thereon to determine whether the application meets the
requirements of section 10(a) of the Act. If the requirements are met,
we will issue a permit to Palos Verdes Peninsula Land Conservancy for
the incidental take of the Palos Verdes blue butterfly from restoration
and management of the Linden H. Chandler Preserve in the City of
Rolling Hills Estates, Los Angeles County, California.
Dated: August 7, 2008.
Jim A. Bartel,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. E8-18685 Filed 8-12-08; 8:45 am]
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