[Federal Register Volume 83, Number 8 (Thursday, January 11, 2018)]
[Notices]
[Pages 1380-1382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28489]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2017-N115; FRES48020810360-XXX]
Draft Habitat Conservation Plan for the California Department of
Parks and Recreation Oceano Dunes District, San Luis Obispo County,
California; Notice of Intent To Prepare Environmental Assessment or
Environmental Impact Statement; Initiation of Public Scoping Process
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), intend to
prepare draft environmental analysis (either an environmental
assessment or an environmental impact statement) under the National
Environmental Policy Act (NEPA) for the proposed habitat conservation
plan for the California Department of Parks and Recreation Oceano Dunes
District (HCP). The HCP is a conservation plan as required under the
Endangered Species Act of 1973, as amended (ESA), for issuance of an
incidental take permit (ITP). The draft environmental analysis will
evaluate the impacts of several alternatives related to the proposed
issuance of an ITP to the California Department of Parks and Recreation
Oceano Dunes District (CDPR, applicant) for incidental take of
threatened and endangered wildlife species that could result from
activities covered under the HCP. The HCP would also include
conservation measures for endangered plants. We also are announcing the
initiation of a public scoping process to engage Federal, Tribal,
State, and local governments and the public in the identification of
issues and concerns, potential impacts, and possible alternatives to
the proposed action.
DATES: In order to be included in the analysis, all comments must be
received or postmarked on or before March 12, 2018. We will hold public
scoping meetings at a location in the vicinity of the proposed plan
area. At least one week prior to the meeting dates, we will announce
exact meeting locations, dates, and times in local newspapers and on
the internet at https://www.fws.gov/ventura/.
ADDRESSES: Please provide comments in writing by one of the following
methods:
Email: lena_chang@fws.gov. Please include Oceano Dunes HCP
in the subject line of the message.
Facsimile: 805-644-3958, Attn: Oceano Dunes HCP.
U.S. Mail: Field Supervisor, Ventura Fish and Wildlife
Office, U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B,
Ventura, CA 93003. Please specify that your information request or
comments concern the Oceano Dunes HCP.
FOR FURTHER INFORMATION CONTACT: Lena Chang, by U.S. mail (see
ADDRESSES), or by phone at 805-677-3305. If you use a
telecommunications device for the deaf, please call the Federal Relay
Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), intend to prepare an environmental analysis under the
National Environmental Policy Act, as amended (42 U.S.C. 4321 et seq.;
NEPA), for the proposed habitat conservation plan (HCP) for the
California Department of Parks and Recreation Oceano Dunes District.
The HCP is a conservation plan as required under the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.; ESA), for issuance of
a section 10(a)(1)(B) incidental take permit (ITP). The proposed ITP
would authorize the incidental take of threatened and endangered
wildlife species that could result from ongoing activities associated
with the public use, recreation management, natural resources
management, and park and beach management in two coastal Oceano Dunes
District park units and an associated inland lake located in San Luis
Obispo County, California. The HCP would also include conservation
measures to protect endangered plant species. We also are announcing
the initiation of a public scoping process to engage Federal, Tribal,
State, and local governments and the public in the identification of
issues and concerns, potential impacts, and possible alternatives to
the proposed action. Upon completion of the public scoping process and
completion of our review of the applicant's proposed HCP, we may
determine that an environmental assessment rather than an environmental
impact statement is sufficient to support potential issuance of the
ITP.
Background
Section 9 of the ESA and its implementing regulations prohibit
``take'' of fish and wildlife species listed as endangered or
threatened (16 U.S.C. 1538; 50 CFR 17.21 and 17.31). Under section 3 of
the ESA, the term ``take'' means 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(19)). The term ``harm'' is further defined
by regulation as an act that actually kills or injures wildlife. Such
acts may include significant habitat modification or degradation where
it actually kills or injures wildlife by significantly impairing
essential behavioral patterns, including breeding, feeding, or
sheltering (50 CFR 17.3). The term ``harass'' is also further defined
in the regulations as an intentional or negligent act or omission that
creates the likelihood of injury to wildlife by annoying it to such an
extent as to significantly disrupt normal behavioral patterns, which
include, but are not limited to, breeding, feeding, or sheltering (50
CFR 17.3).
Under section 10(a)(1)(B) of the ESA, the Secretary of the Interior
may authorize the taking of federally listed species if such taking
occurs incidental to otherwise legal activities and where a
conservation plan has been developed under section 10(a)(2)(A) that
describes: (1) The impact that will likely result from such taking; (2)
the steps an applicant will take to minimize and mitigate that take to
the maximum extent practicable and the funding that will be available
to implement such steps; (3) the alternative actions to such taking
that an applicant considered and the reasons why such alternatives are
not being utilized; and (4) other measures that the Service may require
as being necessary or appropriate for the purposes of the plan.
Issuance criteria under section 10(a)(2)(B) for an incidental take
permit require the Service to find that: (1) The taking will be
incidental to otherwise lawful activities; (2) an applicant will, to
the maximum extent practicable, minimize and mitigate the impacts of
such taking; (3) an applicant has ensured that adequate funding for the
plan will be
[[Page 1381]]
provided; (4) the taking will not appreciably reduce the likelihood of
the survival and recovery of the species in the wild; and (5) the
measures, if any, we require as necessary or appropriate for the
purposes of the plan will be met. Regulations governing permits for
endangered and threatened species are at 50 CFR 17.22 and 17.32,
respectively.
Public Scoping
A primary purpose of the scoping process is to receive suggestions
and information on the scope of issues and alternatives to consider
when drafting the environmental documents and to identify significant
issues and reasonable alternatives related to the Service's proposed
action (issuance of an ITP under the HCP). In order to ensure that we
identify a range of issues and alternatives related to the proposed
action, we invite comments and suggestions from all interested parties.
We will conduct a review of this project according to the requirements
of NEPA and its regulations, other relevant Federal laws, regulations,
policies, and guidance, and our procedures for compliance with
applicable regulations. Once the environmental documents are completed,
we will offer further opportunities for public comment.
Proposed Action
The proposed action is the issuance of an incidental take permit
(ITP) for the covered species for the recreational and management
activities within the proposed permit area for a period of 25 years.
The proposed HCP, which must meet the requirements of section
10(a)(2)(A) of the ESA by providing measures to minimize and mitigate
the effects of the potential incidental take of covered species to the
maximum extent practicable, would be developed and implemented by the
applicant. This alternative could allow for a comprehensive mitigation
approach for unavoidable impacts and reduce permit processing times and
efforts for the applicant and the Service.
Activities proposed for coverage under the proposed ITP would be
otherwise lawful activities that could occur consistent with the HCP,
include, but are not limited to:
1. Park Visitor Activities: Motorized recreation, including off
highway vehicle use (i.e., 4x4, all-terrain vehicle, quad, motorcycle,
and sandrail); camping; pedestrian activities including picnicking,
sunbathing, swimming, hiking; bicycling and golfing; fishing; dog
walking (on leash only); equestrian recreation; boating/surfing; and
aerial/wind driven activities, including kiteboarding; and holiday or
special events.
2. Natural Resources and Covered Species Management: Management for
bird species (habitat protections, habitat enhancement, monitoring,
banding, tracking, predator control, and other ongoing programs,
salvaging abandoned eggs and chicks; fish surveys; amphibian surveys
and associated management; plant monitoring, propagation, and habitat
enhancement; habitat restoration program, including seed collection,
propagation, planting, monitoring, and minor grading to access work
areas; exotic pest plant and animal control, including prescribed fire,
herbicide application, and hand clearing of paths to access work areas;
Habitat Monitoring System implementation, including small mammal
trapping, point counts, shorebird counts, and coverboards; and water
quality monitoring and improvement projects.
3. Park Maintenance: Campground maintenance, including mowing,
hazardous tree program, restroom upkeep, and housekeeping; general
facilities maintenance; trash control; wind fence installation,
maintenance, and removal; sand ramp and other vehicular access
maintenance, including roadway resurfacing; street sweeping; routine
riparian maintenance; spillway and culvert maintenance; vegetation
management along trails and roads; emergent vegetation control; minor
flood control maintenance; perimeter and vegetation island fence
installation, maintenance, and removal; cable fence maintenance and
sand movement; heavy equipment response in all areas of Oceano Dunes
State Vehicular Recreation Area; minor grading (less than 50 cubic
yards); and boardwalk and other pedestrian access maintenance.
4. Visitor Services: Ranger, lifeguard, and park aide patrols;
emergency response, including accidents, injuries, distressed vessels,
search and rescue; access by non-CDPR vehicles; American Safety
Institute courses, including all-terrain vehicles and recreational
utility vehicle courses; concessions; Pismo Beach Golf Course
operations; Grover Beach Lodge and Conference Center; natural history
and interpretation programs, including stationary programs, roving
interpretation, interpretive walks, and driving tours.
5. Other HCP Covered Activities: Motorized vehicle crossing of
Arroyo Grande Creek; Pismo Creek estuary seasonal (floating) bridge;
recreational riding in 40 acres; replacement of the Safety and
Education Center; dust control activities; cultural resources
management; management of agricultural lands; maintenance of bioreactor
on agricultural lands; Oso Flaco Lake causeway culvert replacement;
special projects; and reduction of the Boneyard and 6 exclosures.
We anticipate that the following 10 Federal and State listed
species will be included as covered species in the applicant's proposed
HCP. *The applicant is seeking incidental take authorization for the
four covered animal species.
Federally Endangered: *California least tern (Sternula antillarum
browni), *tidewater goby (Eucyclogobius newberryi), Gambel's watercress
(Rorippa gambelii), La Graciosa thistle (Cirsium scariosum var.
loncholepis), marsh sandwort (Arenaria paludicola), Nipomo Mesa lupine
(Lupinus nipomensis)
Federally Threatened: *western snowy plover (Charadrius nivosus
nivosus), *California red-legged frog (Rana draytonii)
Not Federally Listed: surf thistle (Cirsium rhothophilum), beach
spectaclepod (Dithyrea maritime)
Candidate and federally listed species not likely to be taken by
the covered activities and therefore not covered by the proposed ITP
may also be addressed in the proposed HCP to explain why the applicant
believes these species will not be taken.
Other Alternatives
The proposed action presented in the environmental analysis will be
compared to the no-action alternative. The no-action alternative
compares estimated future conditions without implementation of the
proposed HCP to the estimated future conditions with the HCP in place.
The no action and one other alternative, including their potential
impacts, will be addressed and are outlined below.
No-Action Alternative
Because the proposed covered activities are integral to CDPR's
operational mission, these activities would continue regardless of
whether this 10(a)(1)(B) ITP is issued. Without a 10(a)(1)(B) ITP, the
applicant should avoid impacts to protected species' habitat. Where
potential impacts to federally protected species within the proposed
permit area could not be avoided, the applicant should seek an
individual section 10(a)(1)(B) ITP on a project-by-project basis.
Although future activities by the applicant would be similar to those
covered by the HCP, not all activities would necessitate an incidental
take permit. Thus, under the no-action alternative, the applicant
[[Page 1382]]
would likely have to file numerous separate section 10(a)(1)(B) permit
applications over the 25-year project period. This activity-by-activity
approach would be more time consuming and less efficient than
authorizing activities under this comprehensive incidental take permit,
and could result in a fragmented mitigation approach.
Proposed Action Without Reduction of Exclosure Boundaries
This alternative is the proposed action without reductions in
exclosure boundaries in the Boneyard and 6 exclosure areas. With this
alternative, the boundaries of the Boneyard and 6 exclosures would not
be reduced in size to increase areas for recreation. Off highway
vehicle and camping opportunities in this area would remain as they are
under the current management program.
Public Availability of Comments
Written comments we receive become part of the public record
associated with this action. Before including your address, phone
number, email address, or other personal identifying information in
your comment, you should be aware that the 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. Comments and materials we
receive, as well as supporting documentation we use in preparing the
environmental analysis, will be available for public inspection, by
appointment, during normal business hours at the Service's Ventura Fish
and Wildlife Office in Ventura, California (see ADDRESSES, above).
Scoping Meetings
See DATES for the date and times of our public meetings. The
purpose of scoping meetings is to provide the public with a general
understanding of the background of the proposed HCP and activities it
would cover, alternative proposals under consideration, and the
Service's role and steps to be taken to develop the draft environmental
analysis for the proposed HCP.
Additionally, the purpose of these meetings and public comment
period is to solicit suggestions and information on the scope of issues
and alternatives for the Service to consider when preparing the draft
environmental documents. Oral and written comments will be accepted at
the meetings. Comments can also be submitted by methods listed in the
ADDRESSES section. Once the draft environmental documents and proposed
HCP are complete and made available for review, there will be
additional opportunity for public comment on the content of these
documents through an additional comment period.
Meeting Location Accommodations
Please note that the meeting location will be accessible to
wheelchair users. If you require additional accommodations, please
notify us at least 1 week in advance of the meeting.
Authority
We publish this notice in compliance with the NEPA and its
implementing regulations (40 CFR 1501.7, 1506.6, and 1508.22), and
section 10(c) of the ESA.
Dated: December 28, 2017.
Stephen P. Henry,
Field Supervisor, Pacific Southwest Region, U.S. Fish and Wildlife
Service.
[FR Doc. 2017-28489 Filed 1-10-18; 8:45 am]
BILLING CODE 4333-15-P