[Federal Register Volume 82, Number 52 (Monday, March 20, 2017)]
[Notices]
[Pages 14381-14382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05426]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2016-N235; FXES11130800000-178-FF08EVEN00]
Receipt of Application for Incidental Take Permit; Low-Effect
Habitat Conservation Plan for California Flats Solar Project Operations
and Maintenance Activities, Monterey and San Luis Obispo Counties,
California
AGENCY: Fish and Wildlife Service, Interior
ACTION: Notice of receipt of permit application; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service, have received a
request from California Flats Solar, LLC, for an incidental take permit
under the Endangered Species Act of 1973, as amended. The permit would
authorize take of the federally endangered San Joaquin kit fox and the
threatened California red-legged frog, California tiger salamander, and
vernal pool fairy shrimp, incidental to otherwise lawful activities
associated with the California Flats Solar Project Operations and
Maintenance Activities Habitat Conservation Plan. We invite public
comment.
DATES: Written comments should be received on or before April 19, 2017.
ADDRESSES: You may download a copy of the draft habitat conservation
plan and draft low-effect screening form and environmental action
statement on the internet at http://www.fws.gov/ventura/, or you may
request copies of the documents by U.S. mail to our Ventura office, or
by phone (see FOR FURTHER INFORMATION CONTACT). 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: Christopher Diel, Fish and Wildlife
Biologist, at the above address or by calling (805) 644-1766.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received a request from California Flats Solar, LLC
(applicant), for an incidental take permit under the Endangered Species
Act of 1973, as amended (Act). The applicant has agreed to follow all
of the conditions in the habitat conservation plan for the project. The
permit would authorize take of the federally endangered San Joaquin kit
fox (Vulpes macrotis mutica) and the threatened California red-legged
frog (Rana draytonii), California tiger salamander (Ambystoma
californiense), and vernal pool fairy shrimp (Branchinecta lynchi),
incidental to otherwise lawful activities associated with the
California Flats Solar Project Operations and Maintenance Activities
Habitat Conservation Plan (HCP). We invite public comment on the
application and related documents.
Background
The San Joaquin kit fox was listed by the Service as endangered on
January 24, 1997. The California red-legged frog, California tiger
salamander, and vernal pool fairy shrimp were listed by the Service as
threatened on May 23, 1996, August 4, 2004, and September 19, 1994,
respectively. Section 9 of the Act (16 U.S.C. 1531 et seq.) and its
implementing regulations prohibit the ``take'' of fish or wildlife
species listed as endangered or threatened. ``Take'' is defined under
the Act to include the following activities: ``[T]o 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. ``Incidental Take'' is defined by
the Act as take that is incidental to, and not the purpose of, carrying
out of an otherwise lawful activity. Regulations governing incidental
take permits for threatened and endangered species are, respectively,
in the Code of Federal Regulations at 50 CFR 17.32 and 17.22. Under the
Act, protections for federally listed plants differ from the
protections afforded to federally listed animals. Issuance of an
incidental take permit also must not jeopardize the existence of
federally listed fish, wildlife, or plant species. All species included
in the incidental take permit would receive assurances under our ``No
Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).
The applicants have applied for a permit for incidental take of the
San Joaquin kit fox, California red-legged frog, California tiger
salamander, and vernal pool fairy shrimp. The potential taking would
occur by activities associated with the operations and maintenance of
the California Flats Solar Project in suitable habitat for the covered
species. Incidental take coverage for construction of the California
Flats Solar Project was exempted under previous consultation with the
U.S. Army Corps of Engineers under section 7 of the Act.
Our Preliminary Determination
The Service has made a preliminary determination that issuance of
the permit is neither a major Federal action that will significantly
affect the quality of the human environment within the meaning of
section 102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4321 et seq.; NEPA), nor will it individually or cumulatively have more
than a negligible effect on the species covered in the HCP. Therefore,
the permit qualifies for a categorical exclusion under NEPA as provided
by the Department of Interior Manual (516 DM 2, Appendix 1 and 516 DM
8.5).
[[Page 14382]]
Public Comments
If you wish to comment on the permit applications, plans, and
associated documents, you may submit comments by any one of the methods
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 of the Act
(16 U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6).
Dated: March 14, 2017.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2017-05426 Filed 3-17-17; 8:45 am]
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