[Federal Register Volume 80, Number 131 (Thursday, July 9, 2015)]
[Notices]
[Pages 39444-39446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16765]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2015-N127; FXES11120800000-156-FF08EVEN00]
Proposed Low-Effect Habitat Conservation Plan for the Endangered
Smith's Blue Butterfly for Repair of Five Bridges, Point Sur State
Historic Park, Monterey County, California
AGENCY: U.S. 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) have received
an application from the Monterey District of the California Department
of Parks and Recreation (CDPR, applicant) for a 10-year incidental take
permit under the Endangered Species Act of 1973, as amended (Act). The
proposed permit would authorize take of the federally endangered
Smith's blue butterfly (Euphilotes enoptes smithi) incidental to
otherwise lawful activities associated with the repair and
reconstruction of five existing timber bridges located along the access
roads to the Point Sur Light Station and Lighthouse at the Point Sur
State Historic Park (PSSHP).
The Service's proposed action is the issuance of a permit to the
CDPR for a low-effect habitat conservation plan (HCP) for incidental
take of Smith's blue butterfly. We are requesting comments on the
applicant's permit application and on our preliminary determination
that the proposed HCP qualifies as a low-effect HCP, eligible for a
categorical exclusion under the National Environmental Policy Act
(NEPA) of 1969, as amended. The basis for this determination is
discussed in the Environmental Action Statement (EAS) and the
associated low-effect screening form, which are available for public
review, along with the draft HCP.
DATES: Written comments should be received on or before August 10,
2015.
ADDRESSES: You may download a copy of the HCP, draft Environmental
Action Statement, Low-Effect Screening Form, and related documents on
the Internet at http://www.fws.gov/ventura, or you may request
documents by U.S. mail or
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phone (see below). 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, California
93003, (805) 644-1766. Comments may also be sent by facsimile to (805)
644-3958.
FOR FURTHER INFORMATION CONTACT: Lena Chang, Fish and Wildlife
Biologist, at the above address or by calling (805) 644-1766.
SUPPLEMENTARY INFORMATION:
Background
The Smith's blue butterfly was listed as endangered by the Service
on June 1, 1976. 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. Issuance
of an incidental take permit also must not jeopardize the existence of
federally listed fish, wildlife, or plant species.
However, take of listed plants is not prohibited under the Act
unless such take would violate State law. As such, take of plants
cannot be authorized under an incidental take permit. Plant species may
be included on a permit in recognition of the conservation benefits
provided them under a habitat conservation plan. 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)). In
addition to meeting other criteria, actions undertaken through
implementation of the HCP must not jeopardize the continued existence
of federally listed plant or animal species.
The Point Sur Lighthouse and Light Station are located on the Big
Sur Coast in Monterey County, California at the Point Sur State
Historic Park (PSSHP), located approximately 135 miles south of San
Francisco and 23 miles south of the City of Monterey via California
State Highway 1. This lighthouse has been in continuous operation since
1889 and is accessible by a paved service road that leads to the top of
Moro Rock at Point Sur and crosses five timber bridges in need of
maintenance and repair. The PSSHP consists of four parcels managed by
the CDPR. Collectively, these four parcels measure approximately 72
acres.
Surveys for both the larval and adult life stages of the Smith blue
butterfly have been performed at PSSHP. Despite an intensive search
effort, no life stages were observed; however, weather conditions may
have hindered the surveys. Smith's blue butterfly life stages have been
observed within dispersal distance of PSSHP and habitat at PSSHP is
present; therefore, the Smith's blue butterfly is assumed present at
the site.
The proposed HCP and associated incidental take permit would
authorize take of the Smith's blue butterfly. This take would be
incidental to the CDPR's proposed replacement and repair of the five
bridges, installation of permanent erosion control mats, and storm
drain improvements, as well as future routine maintenance activities
for the access road and its associated ditches. It would also cover
revegetation activities that would occur at the bridge repair sites and
other locations adjacent to the service road as well as at the dunes
mitigation site located east and northeast of the base of Moro Rock.
Impacts to Smith's blue butterfly from project-related activities will
be primarily limited to small work areas associated with repairs to the
five bridges and erosion control measures. Additional impacts would
occur due to storm water improvements and periodic routine road and
ditch maintenance. The total area of impact on Smith's blue butterfly
habitat would be approximately 10,196 square feet (0.2341 acre).
The CDPR proposes to implement general and specific conservation
measures designed to avoid or minimize take of Smith's blue butterfly.
To mitigate for unavoidable impacts, the CDPR proposes to restore 3.6
acres of northern foredunes at the dunes mitigation site near the base
of Moro Rock. Management goals include removal and control of invasive
vegetation, erosion control; restoration of the northern foredune
habitat including revegetation of Smith's blue butterfly seacliff
buckwheat (Eriogonum parvifolium) habitat at a 3:1 ratio; and
revegetation of other dune plants endemic to the dunes at PSSHP.
Two alternatives to the proposed action are considered in the HCP.
Under the No Action Alternative, the proposed project would not occur
and an incidental take permit would not be issued by the Service. Two
of the access bridges to the Point Sur Lighthouse would remain closed
to all vehicular traffic. The conditions of the remaining bridges would
continue to deteriorate, and existing erosion and storm water issues
would not be corrected. Conservation measures described in the HCP
would not be implemented and the restoration of the 3.6-acre dune
mitigation site would not occur; therefore, the No Action Alternative
is considered to have less conservation value to the covered species
than the proposed project and accompanying HCP. Under the Redesigned
Project Alternative, the areas of impact would be reduced at the five
impact areas located along the access roads, which would likely result
in reduced take of Smith's blue butterfly; however, smaller work areas
would not allow the CDPR to properly repair the five timber bridges and
correct the erosion and storm water issues.
We are requesting comments on our preliminary determination that
the CDPR's proposed project will have minor or negligible effects on
the Smith's blue butterfly and that the plan qualifies as a low-effect
HCP as defined by our Habitat Conservation Planning Handbook (Service
1996). We base our determinations on three criteria: (1) Implementation
of the proposed project as described in the HCP would result in minor
or negligible effects on federally listed, proposed, and/or candidate
species and their habitats; (2) implementation of the HCP would result
in minor negligible effects on other environmental values or resources;
and (3) HCP impacts, considered together with those of other past,
present, and reasonably foreseeable future projects, would not result
in cumulatively significant effects. In our analysis of these criteria,
we have made a preliminary determination that the approval of the HCP
and issuance of an incidental take permit qualify for categorical
exclusions under the NEPA (42 U.S.C. 4321 et seq.), as provided by the
Department of Interior Manual (516 DM 2 Appendix 2 and 516 DM 8);
however, based upon our review of public comments that we receive in
response to this notice, this preliminary determination may be revised.
Next Steps
We will evaluate the permit application, including the plan and
comments we receive, to determine whether the application meets the
requirements of section 10(a) of the Act. We will also evaluate whether
issuance of the section 10(a)(1)(B) permit would
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comply with section 7 of the Act by conducting intra-Service section 7
consultation for the plan. We will use the result of this consultation,
in combination with the above findings, in our final analysis to
determine whether or not to issue the permit. If the requirements are
met, we will issue a permit to the applicant for the incidental take of
the Smith's blue butterfly. We will make the final permit decision no
sooner than 30 days after the date of this notice.
Public Review
We provide this notice under section 10(c) of the Act and the NEPA
public involvement regulations (40 CFR 1500.1(b), 1500.2(d), and
1506.6). We are requesting comments on our determination that the
applicant's proposal will have a minor or negligible effect on the
Smith's blue butterfly and that the plan qualifies as a ``low-effect''
HCP as defined by our 1996 Habitat Conservation Planning Handbook.
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: July 2, 2015.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2015-16765 Filed 7-8-15; 8:45 am]
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