[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Notices]
[Pages 3326-3327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01145]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2021-0120; FXES11130800000-212-FF08ENVS00]
Habitat Conservation Plan for Warm Springs Natural Area and
Hidden Valley Property, Clark County, Nevada; Receipt of Incidental
Take Permit Application, Draft Low-Effect Habitat Conservation Plan,
and Draft Environmental Compliance Documentation
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), announce the
receipt and availability of an application for an incidental take
permit (ITP) under the Endangered Species Act (ESA) and an associated
draft low-effect habitat conservation plan (HCP). Additionally,
consistent with the requirements of the National Environmental Policy
Act (NEPA), we have prepared a draft low-effect screening form and
environmental action statement supporting our preliminary determination
that the proposed permit action qualifies for a categorical exclusion
under NEPA. The Southern Nevada Water Authority has applied for an ITP
under the ESA for the HCP for Warm Springs Natural Area and Hidden
Valley Property in Clark County, Nevada. The ITP would authorize the
take of seven species incidental to the development, construction and
operation of the project. We invite the public and local, State,
Tribal, and Federal agencies to comment on the permit application,
proposed low-effect HCP, and NEPA categorical exclusion determination
documentation. Before issuing the requested ITP, we will take into
consideration any information that we receive during the public comment
period.
DATES: Written comments must be received on or before February 22,
2022.
ADDRESSES:
Obtaining Documents: The documents announced by this notice, as
well as any comments and other materials that we receive, will be
available for public inspection in Docket No. FWS-R8-ES-2021-0120 at
https://www.regulations.gov.
Submitting Comments: To send written comments, please use one of
the following methods and identify to which document your comments are
in reference--the draft HCP or NEPA compliance documentation.
Internet: Submit comments at https://www.regulations.gov
under Docket No. FWS-R8-ES-2021-0120.
U.S. Mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2021-0120; U.S. Fish and Wildlife Service Headquarters, MS:
PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
For more information, see Public Comments and Public Availability
of Comments under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Glen W. Knowles, Field Supervisor,
Southern Nevada Fish and Wildlife Office, by phone at 702-515-5244 or
via the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We, the Service, announce the receipt of a
permit application from the Southern Nevada Water Authority
(applicant), for a 15-year ITP under section 10(a)(1)(B) of the ESA, as
amended (16 U.S.C. 1531 et seq.). Application for the permit requires
the preparation of an HCP with measures to avoid, minimize, and
mitigate the impacts of incidental take of endangered, threatened, or
candidate species to the maximum extent practicable. The applicant
prepared the draft low-effect HCP for Warm Springs Natural Area and
Hidden Valley Property pursuant to section 10(a)(1)(B) of the ESA.
The Service's consideration of issuing an ITP also requires
evaluation of its potential impacts on the natural and
[[Page 3327]]
human environment in accordance with NEPA (42 U.S.C. 4321 et seq.). The
Service has prepared a low-effect screening form and environmental
action statement (categorical exclusion, or CatEx documentation),
pursuant to NEPA and its implementing regulations in the Code of
Federal Regulations (CFR) at 40 CFR 1501.4, to preliminarily determine
if the proposed HCP qualifies as a low-effect HCP, eligible for a
categorical exclusion.
Background
Except for permitted exceptions, section 9 of the ESA (16 U.S.C.
1538 et seq.) prohibits the taking of fish and wildlife species listed
as endangered under section 4 of the ESA; by regulation, take of
certain species listed as threatened is also prohibited (16 U.S.C.
1533(d); 50 CFR 17.31). Regulations governing the permitted exception
for allowable incidental take of endangered and threatened species are
at 50 CFR 17.22 and 17.32. For more about the Federal habitat
conservation HCP program, go to: https://www.fws.gov/endangered/esa-library/pdf/hcp.pdf.
National Environmental Policy Act Compliance
The proposed permit issuance triggers the need for compliance with
the NEPA. The draft CatEx documentation was prepared to determine if
issuance of an ITP, based on the draft HCP, would only have
individually or cumulatively minor or negligible effects on the species
covered in the HCP, as well as on other environmental values or
resources, and would therefore qualify as a low-effect HCP not subject
to further environmental analysis under NEPA.
Proposed Action
Under the proposed action, the Service would issue a permit to the
applicant for a period of 15 years for covered activities (described
below) related to the management and restoration of the Warm Springs
Natural Area (WSNA) and the Hidden Valley Property (HVP). Covered
species include the federally endangered Moapa dace (Moapa coriacea),
federally endangered Yuma Ridgway's rail (Rallus obsoletus yumanensis),
federally endangered southwestern willow flycatcher (Empidonax traillii
extimus), federally threatened yellow-billed cuckoo (Coccyzus
americanus), a candidate for listing under the ESA, the monarch
butterfly (Danaus plexippus), and two unlisted species, the Moapa White
River springfish (Crenichthys baileyi moapae) and the Virgin River chub
(Gila seminuda).
Habitat Conservation Plan Area
The geographic scope of this draft HCP area encompasses 7.2 stream
miles (6.1 miles at WSNA and 1.1 miles at HVP) and 1,401 acres (1,250
at WSNA and 151 at HVP) Clark County, Nevada.
Covered Activities
The proposed section 10(a) permit would allow incidental take of
four covered species, one candidate for listing, from covered
activities in the proposed HCP area. Two unlisted species would also be
identified and addressed in the permit should they ever become listed.
The applicant is requesting incidental take authorization for covered
activities pertaining to the management and restoration of the WSNA and
HVP, including but not limited to reconnection of channels, streams,
and tributaries, bank and channel stabilization, beaver management,
fish passage improvements, invasive aquatic species management,
invasive plant management, clearing vegetation from streams,
installation of Moapa dace habitat structures, Moapa dace snorkel
surveys, fire and fuels management, pumping water for irrigation, dust
control and fire suppression, operation of vehicles and maintenance
equipment, general public access, property tours, field trips and
school groups, neighbor outreach, volunteer planting events, and
research. The applicant has also proposed spring pool restoration and
enhancement, construction and enhancement of wetlands, restoration and
enhancement of riparian habitat, and restoration and enhancement of
mesquite and upland habitat. For each of the covered activities, the
applicant has outlined best management practices in the HCP to minimize
and mitigate for direct impacts to covered species. The proposed
actions will result in temporary loss of habitat at the WSNA and HVP in
Clark County, Nevada.
Public Comments
We request data, comments, new information, or suggestions from the
public, other concerned governmental agencies, the scientific
community, Tribes, industry, or any other interested party on the draft
HCP and associated documents. If you wish to comment, you may submit
comments by either of the methods in ADDRESSES.
Public Availability of Comments
Any comments we receive will become part of the decision 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 your entire comment--including
your personal identifying information--may be made publicly available
at any time. While you can request in your comment that we withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so. All submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, will be made available for public disclosure in their
entirety.
Next Steps
Issuance of a permit is a Federal proposed action subject to
compliance with NEPA and section 7 of the ESA. We will evaluate the
permit application, the HCP, associated documents, and any public
comments we receive during the comment period to determine whether the
application meets the requirements of section 10(a) of the ESA. If we
determine that those requirements are met, we will conduct an intra-
Service consultation under section 7 of the ESA for the Federal action
and for the potential issuance of an ITP. If the intra-Service
consultation confirms that issuance of the permit will not jeopardize
the continued existence of any endangered or threatened species, or
destroy or adversely modify critical habitat, we will issue a permit to
the applicant for the incidental take of the covered species.
Authority
We provide this notice under section 10(c) of the ESA (16 U.S.C.
1539(c) and its implementing regulations (50 CFR 17.32) and NEPA (42
U.S.C. 4371 et seq.) and NEPA implementing regulations (40 CFR 1501.4).
Glen W. Knowles,
Field Supervisor, Southern Nevada Fish and Wildlife Office, U.S. Fish
and Wildlife Service, Las Vegas, Nevada.
[FR Doc. 2022-01145 Filed 1-20-22; 8:45 am]
BILLING CODE 4333-15-P