[Federal Register Volume 79, Number 51 (Monday, March 17, 2014)]
[Notices]
[Pages 14732-14733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05763]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2014-N027; FXES11120000-134-FF08ECAR00]
Endangered and Threatened Wildlife and Plants; Incidental Take
Permit Application; Proposed Low-Effect Habitat Conservation Plan for
the Sweetwater Riding and Hiking Trail, County of San Diego, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from Sweetwater Authority (applicant) for a 5-
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
San Diego fairy shrimp associated with the proposed use of an
established hiking, biking, and equestrian trail near the Sweetwater
Reservoir in unincorporated San Diego County, California. A
conservation program to avoid, minimize, and mitigate for the project
activities would be implemented as described in the proposed Sweetwater
Riding and Hiking Trail 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 April 16, 2014.
ADDRESSES: Comments should be addressed to the Field Supervisor, Fish
and Wildlife Service, Carlsbad Fish and Wildlife Office, 2177 Salk
Avenue, Suite 250, Carlsbad, CA 92008. Written comments may also be
sent by facsimile to 760-431-9624.
FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES);
telephone: 760-431-9440. If you use a telecommunications device for the
deaf (TDD), please call the Federal Information Relay Service (FIRS) at
800-877-8339.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Individuals wishing for copies of the application, proposed HCP,
and EAS should contact the Service immediately, 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 to
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.
[[Page 14733]]
``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.
In December 2013, the applicant closed a segment of a San Diego
County regional recreational trail system due to the discovery of the
San Diego fairy shrimp (Branchinecta sandiegonensis) within ponded
areas that had formed within the existing trail alignment. The
applicant is seeking a 5-year permit for the take of San Diego fairy
shrimp in the interim period of time while the applicant works to find
a long-term solution to maintaining a trail connection. The applicant
proposes to re-open the existing hiking, biking, and equestrian trail
segment where there are currently four seasonally ponded pools covering
a total of 291 square feet that are considered occupied by San Diego
fairy shrimp. Re-opening the trail to recreational uses may impact San
Diego fairy shrimp occurring in these pools. The applicant proposes to
install temporary bridges and fencing to minimize impacts to the
occupied pools and re-open the trail segment.
The trail segment provides an important connection within a popular
regional trail system, and continued closure of the trail will likely
result in creation of unsanctioned alternate trails with unpredictable
impacts to natural resources. We anticipate minor impacts to San Diego
fairy shrimp within up to 145 square feet of the pools due to the
effects of shading from the bridges and possible loss of individual San
Diego fairy shrimp cysts due to trail maintenance. Although the project
site is surrounded by occupied habitat for several federally threatened
and endangered species, there are no other listed species specifically
within the project alignment. Critical habitat for Otay tarplant
(Deinandra conjugens) and spreading navarretia (Navarretia fossalis)
occurs on the project site.
Proposed Action and Alternatives
The Sweetwater Authority proposes to mitigate impacts to the San
Diego fairy shrimp through efforts that have resulted in the
restoration of 290 square feet of vernal pool habitat occupied by San
Diego fairy shrimp and are permanently protected and managed.
The Proposed Action consists of the issuance of an incidental take
permit and implementation of the proposed HCP, which includes measures
to avoid, minimize, and mitigate impacts to the San Diego fairy shrimp.
Four alternatives to the taking of the listed species under the
Proposed Action are considered in the proposed HCP. Under the Permanent
Trail Closure (No Action) Alternative, no authorized incidental take of
San Diego fairy shrimp would occur; however, it is likely that
unsanctioned alternate trail use would occur that would result in more
impacts than under the Proposed Action, and recreational opportunities
would be substantially reduced. Under the Minor Trail Deviation
Alternative, immediate impacts to San Diego fairy shrimp would be
avoided by moving the trail away from existing pools, but trail use
would likely result in new depressions that could eventually be
colonized by San Diego fairy shrimp and subsequently be impacted. Under
the Different Location Alternative, the trail would be routed elsewhere
to prevent additional impacts; however, planning and permitting this
alternative will take up to 5 years, during which time recreational
opportunities would be substantially reduced and alternative
unsanctioned trail use would likely occur. Under the Reconstruction of
the Existing Trail Segment Alternative, existing pools within the trail
segment would be recontoured and/or filled to prevent San Diego fairy
shrimp from developing within the pools, thereby reducing ongoing
incidental take. However, this alternative would result in greater
impacts to the species and require additional regulatory permitting.
Our Preliminary Determination
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 DM 2 Appendix 1
and 516 DM 6 Appendix 1) and as a ``low-effect'' plan as defined by the
Habitat Conservation Planning Handbook (November 1996).
We base our determination that a HCP qualifies as a low-effect plan
on the following three criteria:
(1) Implementation of the HCP would result in minor or negligible
effects on federally listed, proposed, and candidate species and their
habitats;
(2) Implementation of the HCP would result in minor or negligible
effects on other environmental values or resources; and
(3) Impacts of the 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 that 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.
Public Availability of Comments
Before including your address, phone number, email 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.
Authority
We provide this notice under section 10 of the Act (16 U.S.C. 1531
et seq.) and NEPA regulations (40 CFR 1506.6).
Karen A. Goebel,
Acting Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2014-05763 Filed 3-14-14; 8:45 am]
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