[Federal Register: March 26, 2008 (Volume 73, Number 59)]
[Notices]
[Page 16052-16053]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr08-105]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2008-N0042; 80221-1112-0000-F2]
Tehachapi Uplands Multi-species Habitat Conservation Plan
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent.
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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), we,
the Fish and Wildlife Service (Service), advise the public of our
intent to gather information necessary to prepare an Environmental
Impact Statement (EIS) on the Tehachapi Uplands Multi-species Habitat
Conservation Plan (MSHCP). Tejon Ranch is preparing the MSHCP to apply
for a 50-year incidental take permit under section 10(a)(1)(B) of the
Federal Endangered Species Act of 1973, as amended, (Act). The permit
is needed to authorize the incidental take of threatened and endangered
species that could occur as a result of activities covered by the plan.
The Service provides this notice to (1) describe the proposed
action and possible alternatives; (2) advise other Federal and State
agencies, affected Tribes, and the public of our intent to prepare an
EIS; (3) announce the initiation of a public scoping period; and (4)
obtain suggestions and information on the scope of issues to be
included in the EIS. A similar Notice of Intent was published on June
25, 2004 (69 FR 35663) when this project was called the Tejon Condor
Habitat
[[Page 16053]]
Conservation Plan. Because the project has been broadened to include
additional species, this second Notice of Intent is being published to
gather additional information.
DATES: Written comments should be received on or before April 25, 2008.
ADDRESSES: Written comments submitted to Mary Grim, Section 10 Program
Coordinator, U.S. Fish and Wildlife Service, 2800 Cottage Way, W-2605,
Sacramento, CA 95825. Comments may also be sent by e-mail to: tu--hcp--
eis@fws.gov. Comments previously received during the initial public
scoping period will also be considered.
FOR FURTHER INFORMATION CONTACT: Mary Grim, U.S. Fish and Wildlife
Service, at 916-414-6464.
SUPPLEMENTARY INFORMATION
Background
Section 9 of the Act and Federal regulations prohibit the ``take''
of wildlife species listed as endangered or threatened (16 U.S.C.
1538). The Act defines the term ``take'' as: to harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture, or collect listed species, or
to attempt to engage in such conduct (16 U.S.C. 1532). Harm includes
significant habitat modification or degradation that actually kills or
injures listed wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding, and sheltering [50 CFR 17.3(c)].
Pursuant to section 10(a)(1)(B) 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 permits for threatened species and endangered
species, respectively, are at 50 CFR 17.32 and 50 CFR 17.22. All
species included on an incidental take permit would receive assurances
under the Service's ``No Surprises'' regulation [50 CFR 17.22(b)(5) and
17.32(b)(5)].
Species proposed for coverage in the HCP are species that are
currently listed as federally threatened or endangered or have the
potential to become listed during the life of this MSHCP and have some
likelihood to occur within the project area. Should any of the unlisted
covered wildlife species become listed under the Act during the term of
the permit, take authorization for those species would become effective
upon listing. Six plant species and 28 animal species are known to
occur within the area and would be covered by the MSHCP. Species may be
added to or deleted from the list of proposed covered species during
the course of the development of the MSHCP based on further analysis,
new information, agency consultation, and public comment. Currently,
the MSHCP would include the following federally listed animal species:
California condor (Gymnogyps californianus), least Bell's vireo (Vireo
bellii pusillus), southwestern willow flycatcher (Empidonax traillii
extimus), Valley elderberry longhorn beetle (Democerus californicus
dimorphus), and Western yellow-billed cuckoo (Coccyzus americanus
occidentalis). The MSHCP would also include the following State listed
and unlisted species: Tehachapi slender salamander (Batrachoseps
stebbinsi), bald eagle (Haliaeetus leucocephalus), American peregrine
falcon (Falco peregrines anatum), little willow flycatcher (Empidonax
traillii brewsteri), golden eagle (Aquila chrysaetos), white-tailed
kite (Elanus leucorux), ringtail (Bassariscus astutus), tricolored
blackbird (Agelaius tricolor), California spotted owl (Strix
occidentalis occidentalis), Tehachapi pocket mouse (Perognathus
alticolus inexpectatus), burrowing owl (Athene cunicularia), yellow-
blotched salamander (Ensatina eschscholtzi croceater), western
spadefoot (Spea hammondii), purple martin (Progne subis), northern
goshawk (Accipiter gentalis), coast horned lizard (frontale and
blainvilli populations) (Phrynosoma coronatum), Cooper's hawk
(Accipiter cooperii), yellow-breasted chat (Icteria virens), prairie
falcon (Falco mexicanus), northern harrier (Circus cyaneus), long-eared
owl (Asio otus), two-striped garter snake (Thamnophis hammondii),
round-leaved filaree (Erodium macrophyllum), Fort Tejon woolly
sunflower (Eriophyllum lanatum var. hallii), Kusche's sandwort
(Amenaria macradenia var. kuschei), Tehachapi buckwheat (Eriogonum
callistum), American badger (Taxidea taxus), striped adobe lily
(Fritillaria striata), and Tejon poppy (Eschscholzia lemmonii ssp.
Kernensis).
Activities proposed to be covered by the MSHCP include limited
private development; livestock grazing and range management; film
production; maintenance and construction of underground utilities;
recreation with the exception of hunting; existing commercial and
residential improvements; farming and irrigation systems; repair,
maintenance, and use of roads; and existing mineral extraction
facilities. The MSHCP will propose a conservation strategy to minimize
and mitigate to the maximum extent possible any impacts that would
occur to covered species as the result of the covered activities.
Environmental Impact Statement
The EIS will consider the proposed action (i.e., the issuance of a
section 10(a)1(B) permit under the Act), no action (no section 10
permit), and a reasonable range of alternatives. A detailed description
of the proposed action and alternatives will be included in the EIS.
The EIS will also identify potentially significant impacts on
biological resources, land use, air quality, water resources,
transportation, and other environmental resource issues that could
occur directly or indirectly with implementation of the proposed action
and alternatives. Different strategies for avoiding, minimizing, and
mitigating the impacts of incidental take may also be considered.
Environmental review of the EIS will be conducted in accordance
with the requirements of NEPA (42 U.S.C. 4321 et seq.), its
implementing regulations (40 CFR parts 1500-1508), other applicable
regulations, and Service procedures for compliance with those
regulations. This notice is being furnished in accordance with 40 CFR
Section 1501.7 and 1508.22 to obtain suggestions and information from
other agencies and the public on the scope of issues and alternatives
to be addressed in the EIS. The primary purpose of the scoping process
is to identify important issues raised by the public related to the
proposed action. Written comments from interested parties are invited
to ensure that the full range of issues related to the permit
application is identified. Comments will only be accepted in written
form. All comments received, including names and addresses, will become
part of the official administrative record and may be made available to
the public.
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 may
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.
Ken McDermond,
Deputy Regional Director, California Nevada Region, Sacramento,
California.
[FR Doc. E8-6185 Filed 3-25-08; 8:45 am]
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