[Federal Register Volume 83, Number 225 (Wednesday, November 21, 2018)]
[Notices]
[Pages 58782-58783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25397]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2018-N141; FXES11140800000-189-FF08EVEN00]
Habitat Conservation Plan for Seven Species in the Santa Clara
River Watershed; Categorical Exclusion for Foothill Feeder Inspection
and Maintenance Activities, Los Angeles 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 (Service), have
received an application from Metropolitan Water District of Southern
California for an incidental take permit under the Endangered Species
Act. The permit would authorize take of the federally endangered
unarmored threespine stickleback, arroyo toad, the federally threatened
California red-legged frog, and non-listed Santa Ana sucker, western
spadefoot, two-striped garter snake, and western pond turtle incidental
to otherwise lawful activities associated with the inspection and
maintenance of the Foothill Feeder water conveyance pipeline in the
draft habitat conservation plan prepared for the project. We invite
public comment.
DATES: Written comments should be received on or before December 21,
2018.
ADDRESSES:
To obtain documents: You may download a copy of the draft habitat
conservation plan and draft low-effect screening form and environmental
action statement at http://www.fws.gov/ventura/, or you may request
copies of the documents by U.S. mail (below) or by phone (see FOR
FURTHER INFORMATION CONTACT).
To submit written comments: Please send us your written comments
using one of the following methods:
U.S. mail: Send your comments to Stephen P. Henry, Field
Supervisor, Ventura Fish and Wildlife Office, U.S. Fish and Wildlife
Service, 2493 Portola Road, Suite B, Ventura, CA 93003.
Facsimile: Fax your comments to 805-644-3958.
FOR FURTHER INFORMATION CONTACT: Chris Dellith, Fish and Wildlife
Biologist, 805-677-3308 (phone), or at the Ventura address in
ADDRESSES.
SUPPLEMENTARY INFORMATION: We have received an application for an
incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the
Endangered Species Act, as amended (ESA; 16 U.S.C. 1531 et seq.). The
applicant has developed a draft habitat conservation plan (HCP) for the
project that includes measures to mitigate and minimize impacts to
seven covered species: the federally endangered unarmored threespine
stickleback (Gasterosteus aculeatus williamsoni), a fish, and the
arroyo toad (Anaxyrus californicus); the federally threatened
California red-legged frog (Rana draytonii); and the non-listed Santa
Ana sucker (Catostomus santaanae), a fish; western spadefoot (Spea
hammondii), a toad; two-striped garter snake (Thamnophis hammondii);
and western pond turtle (Emys marmorata). (The non-listed Santa Ana
sucker (Catostomus santaanae) is federally listed as threatened outside
of the area covered in the habitat conservation plan.) The permit would
authorize take of any of these species incidental to otherwise lawful
activities associated with the Foothill Feeder Inspection and
Maintenance Activities HCP. We invite public comment on the
application, the draft HCP, draft low-effect screening form, and
environmental action statement.
Background
The unarmored threespine stickleback was listed by the Service as
endangered on October 13, 1970 (35 FR 16047). The arroyo toad was
listed by the Service as endangered on December 16, 1994 (59 FR 64859).
The California red-legged frog was listed by the Service as threatened
on May 23, 1996 (61 FR 25813). The Santa Ana sucker was listed by the
Service as threatened, outside of the area covered by the draft HCP, on
April 12, 2000 (65 FR 19686). The western spadefoot is currently under
the Service's review for listing pursuant to the ESA (80 FR 37568). The
two-striped garter snake is not federally listed, nor is it being
considered for listing pursuant to the ESA at this time. The western
pond turtle is currently under the Service's review for listing
pursuant to the ESA (80 FR 19259). Section 9 of the ESA and its
implementing regulations prohibit the take of fish or wildlife species
listed as endangered or threatened. ``Take'' is defined under the ESA
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 ESA, we may issue permits to authorize incidental
take of listed species. ``Incidental take'' is defined by the ESA 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 in the Code of
Federal Regulations (CFR) at 50 CFR 17.32 and 17.22, respectively.
Under the ESA, protections for federally listed plants differ from the
protections afforded to federally listed animals. Issuance of an
incidental take permit also must not jeopardize the existence of
federally listed fish, wildlife, or plant species. The permittees would
receive assurances under our ``No Surprises'' regulations ((50 CFR
17.22(b)(5) and 17.32(b)(5)) regarding conservation activities for the
unarmored threespine stickleback, arroyo toad, California red-legged
frog, Santa Ana sucker, western spadefoot, two-striped garter snake,
and western pond turtle.
Applicant's Proposed Activities
The applicant has applied for a permit for incidental take of the
unarmored threespine stickleback, arroyo toad, California red-legged
frog, Santa Ana sucker, western spadefoot, two-striped garter snake,
and western pond turtle. Take is likely to occur in association with
activities necessary to inspect and maintain the Foothill Feeder water
[[Page 58783]]
conveyance pipeline. The covered area consists of approximately 22
river miles, within the Santa Clara River watershed, of cottonwood-
willow, transitional riparian, alluvial sage scrub, oak woodland,
upland scrub, and aquatic habitat, which provides suitable habitat for
the unarmored threespine stickleback, arroyo toad, California red-
legged frog, Santa Ana sucker, western spadefoot, two-striped garter
snake, and western pond turtle. The covered area has no designated
critical habitat for the covered species. The HCP includes measures to
minimize take of the covered species in the form of injury and
mortality. Mitigation for unavoidable take of the species consists of
creating, restoring, and enhancing up to 40 acres of cottonwood-willow,
transitional riparian, alluvial sage scrub, oak woodland, upland scrub,
and aquatic habitat.
Our Preliminary Determination
The Service made a preliminary determination that issuance of the
incidental take permit is neither a major Federal action that will
significantly affect the quality of the human environment within the
meaning of section 102(2)(C) of NEPA (42 U.S.C. 4321 et seq.), nor will
it individually or cumulatively have more than a negligible effect on
the species covered in the HCP. The Service considers the effects of
the taking of the covered species to be minor because project
activities resulting in incidental take of the covered species would
occur infrequently (approximately every 5 years over a period of
several weeks), the applicant has proposed a series of measures to
avoid and minimize impacts to the covered species, and the applicant
has committed to creating, restoring, and enhancing up to 40 acres of
occupied or otherwise suitable habitat for the covered species within
the Santa Clara River watershed. Therefore, based on this preliminary
determination, the permit qualifies for a categorical exclusion under
NEPA.
Public Comments
If you wish to comment on the permit application, draft HCP, and
associated documents, you may submit comments by one of the methods in
ADDRESSES.
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 ESA (16 U.S.C. 1531
et seq.) and NEPA regulations (40 CFR 1506.6).
Dated: November 13, 2018.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2018-25397 Filed 11-20-18; 8:45 am]
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