[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Notices]
[Pages 20516-20517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07688]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2020-N026; FXES11140800000-201-FF08ECAR00]
Receipt of Application for Renewal of Incidental Take Permit;
Low-Effect Habitat Conservation Plan for the Endangered Arroyo Toad,
San Diego County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of receipt of permit renewal application; request for
comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from Pauma Estates, Inc., for renewal of an
incidental take permit pursuant to the Endangered Species Act. The
applicant has requested a renewal that will extend permit authorization
by 5 years from the date the permit is reissued. If the permit is
renewed, no additional take above the original authorized limit of
10.74 acres of habitat will be authorized. The permit would authorize
take of the federally endangered arroyo toad, incidental to otherwise
lawful activities associated with the low-effect habitat conservation
plan (HCP) for Pauma Estates in San Diego County, California. We invite
the public and local, State, Tribal, and Federal agencies to comment on
the application, which includes the applicant's proposed HCP and the
Service's preliminary determination that this HCP qualifies as ``low-
effect,'' categorically excluded, under the National Environmental
Policy Act. To make this determination, we used our environmental
action statement and
[[Page 20517]]
low-effect screening form, both of which are also available for public
review.
DATES: We must receive your written comments on or before May 28, 2020.
ADDRESSES: Obtaining Documents: You may obtain copies of the documents
by the following methods:
Internet: https://www.fws.gov/carlsbad/HCPs/HCP_Docs.html.
Telephone: 760-431-9440.
U.S. Mail: Field Supervisor, Carlsbad Fish and Wildlife
Office, U.S. Fish and Wildlife Service, 2177 Salk Avenue, Suite 250,
Carlsbad, CA 92008.
Submitting Comments: You may submit comments by one of the
following methods. Please include ``Pauma Estates, Inc.'' at the
beginning of your comments.
U.S. Mail: Carlsbad Fish and Wildlife Office (address
above).
Email: fw8cfwocomments@fws.gov.
FOR FURTHER INFORMATION CONTACT: Mr. David A. Zoutendyk, Acting
Assistant Field Supervisor, Carlsbad Fish and Wildlife Office, 760-431-
9440. If you use a telecommunications device for the deaf (TDD), please
call the Federal Relay Service (FRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from Pauma Estates, Inc.
(applicant), to renew incidental take permit TE63657B-0 under the
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.). The applicant has requested a renewal that would extend the
permit authorization by 5 years from the date the permit is reissued.
The existing permit is valid from April 20, 2015, to April 20, 2020.
The applicant has agreed to follow all of the existing habitat
conservation plan (HCP) conditions. If the permit is renewed, no
additional take above the original authorized limit of 10.74 acres of
habitat will be authorized. The permit would authorize take of the
federally endangered arroyo toad (Anaxyrus californicus), incidental to
otherwise lawful activities associated with the low-effect HCP for
Pauma Estates.
We invite the public and local, State, Tribal, and Federal agencies
to comment on the application, which includes the applicant's proposed
HCP and the Service's preliminary determination that this HCP qualifies
as ``low-effect,'' categorically excluded, under the National
Environmental Policy Act. To make this determination, we used our
environmental action statement and low-effect screening form, both of
which are also available for public review.
Background
The arroyo toad was listed by the Service as endangered on December
16, 1994 (59 FR 64859). Section 9 of the ESA and its implementing
Federal regulations prohibit the ``take'' of animal species listed as
endangered or threatened. ``Take'' is defined under the ESA as to
``harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect [listed animal species], or to attempt to engage in such
conduct'' (16 U.S.C. 1538). ``Harm'' includes significant habitat
modification or degradation that actually kills or injures listed
wildlife by significantly impairing essential behavioral patterns, such
as breeding, feeding, or sheltering (50 CFR 17.3). However, under
section 10(a) of the ESA, the Service may issue permits to authorize
incidental take of listed species. ``Incidental taking'' is defined by
the ESA implementing regulations as taking that is incidental to, and
not the purpose of, carrying out an otherwise lawful activity (50 CFR
17.3). Regulations governing incidental take permits for endangered and
threatened species, respectively, are found in the Code of Federal
Regulations at 50 CFR 17.22 and 50 CFR 17.32. Issuance of an incidental
take permit also must not jeopardize the existence of federally listed
fish, wildlife, or plan species. 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)).
The applicant has applied for the renewal of their permit for
incidental take for the endangered arroyo toad. The potential taking
would occur by activities associated with the construction of a
residential development (as defined in the HCP) in an area that
supports suitable habitat for the covered species. The project is
located on an approximately 26-acre property in the Pauma Valley area
of unincorporated San Diego County, California. An incidental take
permit was first issued for the HCP on April 20, 2015, and will expire
on April 20, 2020.
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 of the ESA (16 U.S.C. 1531
et seq.).
Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2020-07688 Filed 4-10-20; 8:45 am]
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