[Federal Register Volume 81, Number 2 (Tuesday, January 5, 2016)]
[Notices]
[Pages 252-253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33148]
[[Page 252]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2016-N240; FXES11120800000-145-FF08EVEN00]
Habitat Conservation Plan for the Operation, Repair, Maintenance,
and Replacement of State Water Pipeline and Facilities From the Polonio
Pass Water Treatment Plant, San Luis Obispo County to Lake Cachuma,
Santa Barbara County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comment.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from Central Coastal Water Authority (CCWA) for
a 30-year incidental take permit (ITP) under the Endangered Species Act
of 1973, as amended (Act). The application addresses the potential for
``take'' of the federally endangered San Joaquin kit fox (Vulpes
macrotis mutica) and federally threatened California red-legged frog
(Rana draytonii) and California tiger salamander (Ambystoma
californiense) that may occur incidental to the operations and
maintenance of an existing potable water delivery system from near
Polonio Pass in northeastern San Luis Obispo County to Lake Cachuma in
Santa Barbara. We invite comments from the public on the application
for an incidental take permit, which includes the Habitat Conservation
Plan (HCP). This proposed action has been determined to be eligible for
a categorical exclusion under the National Environmental Policy Act of
1969, as amended (NEPA).
DATES: To ensure consideration, please send your written comments by
February 4, 2016.
ADDRESSES: You may download a copy of the draft HCP and draft
environmental action statement and low-effect screening form on the
Internet at http://www.fws.gov/ventura/, or you may request copies of
the documents by U.S. mail or phone (see below). Please address written
comments to Stephen P. Henry, Field Supervisor, Ventura Fish and
Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola Road,
Suite B, Ventura, CA 93003. You may alternatively send comments by
facsimile to (805) 644-3958.
FOR FURTHER INFORMATION CONTACT: Julie M. Vanderwier, Fish and Wildlife
Biologist, at the above address, or by calling (805) 644-1766,
extension 222.
SUPPLEMENTARY INFORMATION: We invite comments from the public on the
draft HCP and our NEPA compliance.
Background
Section 9 of the Act and its implementing regulations (16 U.S.C.
1531 et seq.) prohibit the take of fish or wildlife species listed as
endangered or threatened. ``Take'' is defined under the Act to include
the following activities: ``to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct'' (16 U.S.C. 1532). However, under section 10(a)(1)(B) of
the Act, we may issue permits to authorize incidental take of listed
species. The Act defines ``incidental take'' as take that is not the
purpose of carrying out of an otherwise lawful activity. The Code of
Federal Regulations (CFR) provides those regulations governing
incidental take permits for threatened and endangered species at 50 CFR
17.32 and 17.22. Issuance of an incidental take permit must not
jeopardize the existence of federally listed fish, wildlife, or plant
species.
The Applicant's Proposed Project
Measures to minimize the amount and severity of take proposed by
the applicant are discussed in detail in section 2.10 of the draft HCP.
Mitigation for unavoidable take of California red-legged frog and
California tiger salamander includes the purchase of credits in the
Palo Prieto Conservation Bank in San Luis Obispo County, with an
additional credit for California tiger salamander purchased in the La
Purisima Conservation Bank in Santa Barbara County. Mitigation for San
Joaquin kit fox was provided at the time of project construction as
part of its compliance with the California Environmental Quality Act
and its terms memorialized in a Memorandum of Understanding between
applicant and the California Department of Fish and Game (now
California Department of Fish and Wildlife). The mitigation
requirements were included in the project description of our biological
opinion 1-8-93-F-20. As such, no additional mitigation is deemed
necessary for San Joaquin kit fox.
The draft HCP provides for, and discusses, five alternatives to the
proposed project: No Project, No Action, Maintenance Alternative,
Minimum Conservation, and Maximum Conservation. These are discussed in
detail in section 9 of the HCP.
Our Preliminary Determination
We are requesting comments on our preliminary determination that
the HCP qualifies for processing as a low-effect HCP as defined by our
Habitat Conservation Planning Handbook (November 1996). Three criteria
form the basis for our determination: (1) Implementation of the
proposed project as described in the HCP would result in minor or
negligible effects on federally listed, proposed, and/or candidate
species and their habitats; (2) implementation of the HCP would result
in minor negligible effects on other environmental values or resources;
and (3) HCP impacts, considered together with those of other past,
present, and reasonably foreseeable future projects, would not result
in cumulatively significant effects. It is our preliminary
determination that HCP approval and ITP issuance qualify for
categorical exclusion under the NEPA (42 U.S.C. 4321 et seq.), as
provided by the Department of Interior Manual (516 DM 2 Appendix 2 and
516 DM 8); however, we may revise our determination based upon review
of public comments received in response to this notice.
Next Steps
We will evaluate the permit application, including the HCP, and
comments we receive to determine whether the application meets the
requirements of section 10(a)(1)(B) of the Act. We will also evaluate
whether issuance of the ITP would comply with section 7(a)(2) of the
Act regarding jeopardy for federally listed fish, wildlife, or plant
species by conducting an intra-Service consultation pursuant to section
7(a)(2) of the Act.
Public Review
We are requesting comments on our determination that the
applicant's proposal will have a minor or negligible effect on the San
Joaquin kit fox, California red-legged frog, and California tiger
salamander and that the plan qualifies as a low-effect HCP. We will
evaluate the permit application, including the HCP and comments we
receive, to make a final determination regarding whether the
application meets the requirements of section 10(a)(1)(B) of the Act.
We will use the results of our intra-Service consultation, in
combination with the above findings, in our final analysis to determine
whether to issue the ITP. If all permit issuance requirements are met,
we will issue the permit to the applicant to authorize incidental take
of San Joaquin kit fox, California red-legged frog, and California
tiger salamander. We will make the final permit decision no sooner than
30 days after the date of this notice.
[[Page 253]]
Public Comments
If you wish to comment on the HCP and associated documents, you may
submit comments by any one of the methods provided in ADDRESSES.
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 view, we cannot guarantee that we will be able
to do so.
Authority
We provide this notice under section 10(c) of the Act and the NEPA
public involvement regulations (40 CFR 1500.1(b), 1500.2(d), and
1506.6).
Dated: December 29, 2015.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2015-33148 Filed 1-4-16; 8:45 am]
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