[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Notices]
[Pages 9373-9374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03528]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2022-N005; FXES11140800000-223-FF08ECAR00]
Endangered and Threatened Species; Receipt of an Incidental Take
Permit Application and Low-Effect Habitat Conservation Plan for the Big
Tujunga Dam Project, Los Angeles County Department of Public Works, Los
Angeles County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, announce the
availability of a draft habitat conservation plan (HCP) and draft
categorical exclusion for activities associated with continued
operation and maintenance of Big Tujunga Dam and a spillway improvement
project. Los Angeles County Department of Public Works (applicant)
developed a draft HCP as part of their application for an incidental
take permit (ITP) under the Endangered Species Act of 1973, as amended.
The Los Angeles Department of Water and Power would be a participating
agency. The Service prepared a draft low-effect screening form and
environmental action statement in accordance with the National
Environmental Policy Act (NEPA) to evaluate the potential effects to
the natural and human environment resulting from issuing an ITP to the
applicant. We invite public comment on these documents.
DATES: To ensure consideration, please send your written comments on or
before March 21, 2022.
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 at https://pw.lacounty.gov/wrd/projects/bigtujunga/.
Submitting Comments: You may submit comments by email fw8cfwocomments@fws.gov">atfw8cfwocomments@fws.gov. Please reference Big Tujunga Dam Project in
the subject line of your email.
FOR FURTHER INFORMATION CONTACT: Jesse Bennett, Fish and Wildlife
Biologist, Carlsbad Fish and Wildlife Office, via phone at 760-431-9440
or email fw8cfwocomments@fws.gov">atfw8cfwocomments@fws.gov.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), received an application from the Los Angeles County
Department of Public Works (applicant) for an incidental take permit
under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C.
1531 et seq.). The applicant has requested take authorization for the
federally endangered arroyo toad (Anaxyrus californicus), southwestern
willow flycatcher (Empidonax traillii extimus), and least Bell's vireo
(Vireo bellii pusillus); the federally threatened Santa Ana sucker
(Catostomus santaanae) and western distinct population segment of the
yellow-billed cuckoo (Coccyzus americanus); and the non-federally
listed arroyo chub (Gila orcuttii), Santa Ana speckled dace
(Rhinichthys osculus), and southwestern pond turtle (Actinemys
pallida), incidental to activities associated with the continued
operation and maintenance of Big Tujunga Dam in Los Angeles County,
California, and a
[[Page 9374]]
spillway improvement project. The Service prepared a draft low-effect
screening form and environmental action statement in accordance with
the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et
seq.) to evaluate the potential effects to the natural and human
environment resulting from issuing an ITP to the applicant. We invite
public comment on these documents.
Background
The Service listed the arroyo toad as endangered on December 16,
1994 (59 FR 64859), and published a revised final rule designating
critical habitat on February 7, 2001 (66 FR 9414). The Service listed
the southwestern willow flycatcher as endangered on February 27, 1995
(60 FR 10695), and published a revised final rule designating critical
habitat on January 3, 2013 (78 FR 344534). The Service listed the least
Bell's vireo as endangered on May 2, 1986 (51 FR 16474), and published
a final rule designating critical habitat on February 2, 1994 (59 FR
4845). The Service listed the Santa Ana sucker as threatened on April
12, 2000 (65 FR 19686), and published a revised final rule designating
critical habitat on December 14, 2010 (75 FR 77962). The Service listed
the yellow-billed cuckoo as threatened on October 3, 2014 (79 FR
59992), and published a final rule designating critical habitat on
April 21, 2021 (86 FR 20798).
Section 9 of the ESA prohibits take of fish and wildlife species
listed as endangered (16 U.S.C. 1538). Under the ESA, ``take'' is
defined 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). Section 4(d) of the ESA
allows the Secretary to extend protections for endangered species to
those listed as threatened. Under section 10(a)(1)(B) of the ESA (16
U.S.C. 1539(a)(1)(B)), 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
incidental take permits for endangered and threatened species are in
the Code of Federal Regulations (CFR) at 50 CFR 17.22 and 17.32.
Issuance of an ITP also must not be likely to jeopardize the continued
existence of federally listed fish, wildlife, or plant species,
pursuant to section 7 of the ESA and 50 CFR part 402. The permittee
would receive assurances under our ``No Surprises'' regulations (50 CFR
17.22(b)(5) and 17.32(b)(5)).
Project
Big Tujunga Dam is a 244-foot high dam located on Big Tujunga River
in the Angeles National Forest, Los Angeles County, California. The
applicant requests a 30-year incidental take permit for operation and
maintenance of Big Tujunga Dam, which regulates stream flows in the Big
Tujunga River from Big Tujunga Dam downstream to Hansen Dam, a distance
of approximately 14 miles. The incidental take permit would also
address a spillway improvement project at Big Tujunga Dam.
The applicant proposes to mitigate or minimize impacts through
ramping of water conservation releases during the spawning season of
fish, providing up to 1,500 acre-feet of water in supplemental flows
during the dry season, monitoring and adaptive management to benefit
covered species, funding of nonnative species removal or other recovery
measures, and best management practices. The proposed plan also allows
for the potential translocation of Santa Ana sucker upstream of Big
Tujunga Dam to expand the range of this species.
Our Preliminary Determination
The Service has made a preliminary determination that issuance of
the ITP and implementation of the project 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.). Moreover, issuance of the
ITP and implementation of the project individually and cumulatively
will not have more than a minor or negligible effect on federally
listed or covered species and the environment. Therefore, we have
preliminarily concluded that the ITP for this project would qualify for
categorical exclusion as provided by our NEPA regulations at 43 CFR
46.205 and 46.215.
Next Steps
We will evaluate the proposed HCP and any comments received to
determine whether to issue the requested permit. We will also conduct
an intra-Service consultation pursuant to section 7 of the ESA to
evaluate the effects of our proposed action. After considering the
above findings, we will determine whether the permit issuance criteria
of section 10(a)(1)(B) of the ESA have been met. If the criteria are
met, we will issue the permit to the applicant for incidental take.
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 may
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.
Authority
We provide this notice under section 10(c) of the ESA (16 U.S.C.
1539 et seq.) and NEPA regulations (40 CFR 1506.6).
Kristine Petersen,
Acting Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2022-03528 Filed 2-17-22; 8:45 am]
BILLING CODE 4333-15-P