[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Notices]
[Pages 64948-64950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17577]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2024-0126; FXES11140800000-245-FF08EVEN00]
Endangered and Threatened Wildlife and Plants; Two Draft Habitat
Conservation Plans and Associated Draft Categorical Exclusions for
School Improvement Projects in San Benito and Monterey Counties, CA
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 two applications for incidental take permits (ITPs) for the
federally threatened Central California Distinct Population Segment
(DPS) of the California tiger salamander and California red-legged frog
under the Endangered Species Act of 1973, as amended. Each of the two
applicants submitted a permit application which, if issued, would
authorize take of the California tiger salamander and California red-
legged frog incidental to activities associated with the development
and improvement of school facilities in the cities of San Juan Bautista
and Salinas in San Benito and Monterey Counties, respectively, in
California. As part of the application for an ITP, each applicant
submitted a draft habitat conservation plan for their respective
project. For each project, the Service prepared a draft screening form
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 each applicant for their project. We
invite the public and local, State, Tribal, and Federal agencies to
comment on the draft screening forms and on the Service's preliminary
determination that the proposed permitting actions may be eligible for
categorical exclusions pursuant to the Council on Environmental
Quality's NEPA regulations, the Department of the Interior's (DOI) NEPA
regulations, and the DOI Departmental Manual.
DATES: Written comments should be received on or before September 9,
2024.
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 in Docket No. FWS-
[[Page 64949]]
R8-ES-2024-0126 at https://www.regulations.gov.
Submitting Written Comments: Please send us your written comments
using one of the following methods:
Online: https://www.regulations.gov. Follow the
instructions for submitting comments on Docket No. FWS-R8-ES-2024-0126.
U.S. Mail: Public Comments Processing; Attn: FWS-R8-ES-
2024-0126; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275 Leesburg
Pike; Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Karen Sinclair, Fish and Wildlife
Biologist, by email at [email protected] or via phone at (805) 644-
1766. Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received two applications for incidental take permits
(ITPs) under the Endangered Species Act of 1973, as amended (ESA; 16
U.S.C. 1531 et seq.). The applicants have developed draft habitat
conservation plans (HCPs) for the respective projects that include
measures to minimize and mitigate impacts to the federally threatened
Central California DPS of the California tiger salamander (Ambystoma
californiense) and California red-legged frog (Rana draytonii). Each of
the permits, if granted, would authorize take of the California tiger
salamander and California red-legged frog incidental to otherwise
lawful activities associated with the development and improvement of
school facilities in the cities of San Juan Bautista and Salinas in San
Benito and Monterey Counties, respectively, in California. We invite
public comment on the applications, which include the applicants' HCPs,
and on the Service's preliminary determination that both proposed ITPs
qualify as low effect, and may qualify for categorical exclusions
pursuant to the Council on Environmental Quality's National
Environmental Policy Act (NEPA) regulations (40 CFR 1501.4), the
Department of the Interior's (DOI) NEPA regulations (43 CFR 46), and
the DOI's Departmental Manual (516 DM 8.5(C)(2)). To make these
preliminary determinations, we prepared draft low-effect screening
forms, which are also available for public review.
Background
The Service listed the Central California DPS of the California
tiger salamander as threatened on August 4, 2004 (69 FR 47212), and
listed the California red-legged frog as threatened on May 23, 1996 (61
FR 25813). Section 9 of the ESA prohibits ``take'' of fish and wildlife
species listed as endangered (16 U.S.C. 1538), where 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). The take prohibitions of
section 9 are extended to species listed as threatened at the
discretion of the Secretary of the Department of the Interior; in this
case, they were extended to both species; however, this was done with
exceptions for the California tiger salamander.
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, respectively.
Issuance of an ITP also must not jeopardize the existence of federally
listed fish, wildlife, or plant species, pursuant to section 7 of the
ESA and 50 CFR 402.02. The permittee would receive assurances under our
``No Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).
Proposed Activities
Each applicant has applied for a permit for incidental take of the
California tiger salamander and California red-legged frog. The take
would occur in association with development and improvement activities
of school facilities.
The respective HCPs include minimization measures for the
California tiger salamander and California red-legged frog and
mitigation for unavoidable take and loss of suitable habitat for these
species. As mitigation for take and loss of suitable habitat, the
applicants propose mitigation that will support the recovery goals of
the species such as restoration and protection of habitat through the
purchase of credits at a conservation bank.
Our Preliminary Determination
The Service has made a preliminary determination that the
applicants' proposed projects, and proposed mitigation and minimization
measures, would individually and cumulatively have a minor effect on
the species and the human environment. Therefore, we have preliminarily
determined that the proposed ESA section 10(a)(1)(B) permits would be
low-effect ITPs that individually or cumulatively would have a minor
effect on the species and may qualify for application of categorical
exclusions pursuant to the Council on Environmental Quality's NEPA
regulations, DOI's NEPA regulations, and the DOI Departmental Manual. A
low-effect ITP is one that would result in (1) minor or nonsignificant
effects on species covered in the HCP; (2) nonsignificant effects on
the human environment; and (3) impacts that, when added together with
the impacts of other past, present, and reasonably foreseeable actions,
would not result in significant cumulative effects to the human
environment.
Next Steps
The Service will evaluate the applications and the comments
received to determine whether to issue the requested ITPs. We will also
conduct an intra-Service consultation pursuant to section 7 of the ESA
to evaluate the effects of the proposed covered activities on the
Central California DPS of the California tiger salamander and
California red-legged frog. After considering the preceding and other
matters, we will determine whether the permit issuance criteria of
section 10(a)(1)(B) of the ESA have been met. If met, the Service will
issue one or both ITPs.
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(c) of the Endangered
Species Act (16 U.S.C. 1531 et seq.) and its implementing regulations
(50 CFR 17.32) and the National Environmental Policy Act (42 U.S.C.
4321 et seq.) and
[[Page 64950]]
its implementing regulations (40 CFR 1500-1508 and 43 CFR 46).
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2024-17577 Filed 8-7-24; 8:45 am]
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