[Federal Register Volume 84, Number 140 (Monday, July 22, 2019)]
[Notices]
[Pages 35123-35124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15494]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2019-0064; FXES11140900000 190]
Endangered and Threatened Species; Receipt of an Incidental Take
Permit Application and Low-Effect Habitat Conservation Plan for the
Desert Tortoise; High Desert Power Project, San Bernardino County,
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, have received an
application for an incidental permit to take federally listed fish or
wildlife species. We invite comments on this application, which we will
take into consideration before issuing an incidental take permit.
DATES: To ensure consideration, please submit your written comments by
August 21, 2019.
ADDRESSES: Obtaining Documents: The documents this notice announces, as
well as any comments and other materials that we receive, will be
available for public inspection online in Docket No. FWS-R8-ES-2019-
0064 at http://www.regulations.gov.
Submitting Comments: You may submit comments by one of the
following methods:
Online: http://www.regulations.gov. Follow the
instructions for submitting comments on Docket No. FWS-R8-ES-2019-0064.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: Docket No. FWS-R8-ES-2019-0064; U.S. Fish and Wildlife Service,
MS: JAO/1N; 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments by only the methods described
above.
FOR FURTHER INFORMATION CONTACT: Raymond Bransfield, Fish and Wildlife
Biologist, Palm Springs Fish and Wildlife Office, by phone at 805-677-
3398 or via email at ray_bransfield@fws.gov. If you use a
telecommunications device for the deaf, hard-of-hearing, or speech
disabled, please call the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We have received an application for an
incidental take permit under the Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.). The application addresses the
potential for take of a threatened species that is likely to occur
incidental to the otherwise lawful activity as described in the
applicant's habitat conservation plan.
Background
Section 9 of the ESA and Federal regulations pursuant to section
4(d) of the ESA prohibit the take of endangered and threatened species,
respectively, without special exemption (16 U.S.C. 1538; 50 CFR 17.31).
Under section 10(a)(1)(B) of the ESA (16 U.S.C. 1539), we may issue
permits to authorize take of listed fish and wildlife species that is
incidental to, and not the purpose of, carrying out an otherwise lawful
activity. Regulations governing permits for endangered and threatened
species are set forth in title 50 of the Code of Federal Regulations at
part 17, sections 17.22 and 17.32.
The National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et
seq.) requires Federal agencies to analyze their proposed actions to
determine whether the actions may significantly affect the human
environment. In the NEPA analysis, the Federal agency will identify
direct, indirect, and cumulative effects, as well as possible
mitigation for effects on environmental resources that could occur with
implementation of the proposed action and alternatives. The Federal
action in this case is the Service's proposed issuance of an incidental
take permit.
Permit Application
We invite comments on the following application.
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Project's actions to
Applicant, city, state Species Location Activity Type of take (amount minimize and mitigate
of take over term) for take
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HDSI, LLC, Chicago, Illinois....... Mojave desert tortoise Victorville, Construction, Approximately 10 Minimize by
(Gopherus agassizii). California. operation, large desert translocation of
maintenance, and tortoises at the tortoises to
decommissioning of a solar site. Take superior habitat.
photovoltaic solar (capture) to Mitigate by
power facility and translocate; kill or acquiring private
management of wound no more than lands within the
conserved lands. three if they are boundaries of
not detected prior critical habitat and
to work. managing these lands
for long-term
conservation.
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Our Preliminary Determination
The Service has made a preliminary determination that issuance of
the incidental take permit is not 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
(NEPA; 42 U.S.C. 4321 et seq.). The Service has also made a preliminary
determination that it individually or cumulatively will not have more
than a negligible effect on the species covered in the habitat
conservation plan.
Therefore, the permit qualifies for a categorical exclusion under
NEPA.
Public Availability of Comments
All comments and materials we receive in response to this request
will be available for public review at http://www.regulations.gov.
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.
Next Steps
We will publish a notice in the Federal Register when we have made
a determination with regard to issuance of the incidental take permit.
Authority
We issue this notice pursuant to section 10(c) of the ESA (16
U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22 and
17.32), and the National Environmental Policy Act (42 U.S.C. 4321 et
seq.) and its
[[Page 35124]]
implementing regulations (40 CFR 1506.6 and 43 CFR 46.305).
Scott Sobiech,
Acting Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2019-15494 Filed 7-19-19; 8:45 am]
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