81_FR_21655 81 FR 21585 - Endangered and Threatened Wildlife and Plants; Application To Amend Incidental Take Permit; Revised Diversified Pacific Low-Effect Habitat Conservation Plan and Associated Documents, City of Redlands, San Bernardino County, California

81 FR 21585 - Endangered and Threatened Wildlife and Plants; Application To Amend Incidental Take Permit; Revised Diversified Pacific Low-Effect Habitat Conservation Plan and Associated Documents, City of Redlands, San Bernardino County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 70 (April 12, 2016)

Page Range21585-21587
FR Document2016-08345

We, the U.S. Fish and Wildlife Service (Service), have received an application from Diversified Pacific (applicant), to amend a 5-year incidental take permit (permit). The application includes the applicant's revised habitat conservation plan (HCP), as required by the Endangered Species Act of 1973, as amended (Act). If approved, the amended permit would authorize incidental take of the endangered San Bernardino Merriam's kangaroo rat (SBKR) in the course of routine construction activities associated with the development of residential houses in the City of Redlands. We invite public comment on the application for a permit amendment and the revised HCP, and on our preliminary determination that the revised HCP continues to qualify as ``low-effect'' for a categorical exclusion under the National Environmental Policy Act. To make this determination we used our low- effect screening form.

Federal Register, Volume 81 Issue 70 (Tuesday, April 12, 2016)
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Notices]
[Pages 21585-21587]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08345]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2016-N032; FXES11120800000-167-FF08ECAR00]


Endangered and Threatened Wildlife and Plants; Application To 
Amend Incidental Take Permit; Revised Diversified Pacific Low-Effect 
Habitat Conservation Plan and Associated Documents, City of Redlands, 
San Bernardino County, California

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Diversified Pacific (applicant), to amend 
a 5-year incidental take permit (permit). The application includes the 
applicant's revised habitat conservation plan (HCP), as required by the 
Endangered Species Act of 1973, as amended (Act). If approved, the 
amended permit would authorize incidental take of the endangered San 
Bernardino Merriam's kangaroo rat (SBKR) in the course of routine 
construction activities associated with the development of residential 
houses in the City of Redlands. We invite public comment on the 
application for a permit amendment and the revised HCP, and on our 
preliminary determination that the revised HCP continues to qualify as 
``low-effect'' for a categorical exclusion under the National 
Environmental Policy Act. To make this determination we used our low-
effect screening form.

DATES: To ensure consideration, please send your written comments by 
May 12, 2016.

ADDRESSES: You may request a copy of the amended permit application, 
the low-effect screening form, and/or the revised HCP by email, 
telephone, fax, or U.S. mail (see below). These documents are also 
available for public inspection by appointment during normal business 
hours at the office below. Please send your requests or comments by any 
one of the following methods, and specify ``Diversified Pacific Low-
Effect HCP'' in your request or comment.
     Email: [email protected]. Include ``Diversified 
Pacific Low-Effect HCP'' in the subject line of your message.
     Telephone: Karin Cleary-Rose, Palm Springs Fish and 
Wildlife Office, 760-322-2070 extension 206.
     Fax: Karin Cleary-Rose, Palm Springs Fish and Wildlife 
Office, 760-322-4648, Attn.: Diversified Pacific Low-Effect HCP.
     U.S. Mail: Karin Cleary-Rose, Palm Springs Fish and 
Wildlife Office, Attn.: Diversified Pacific Low-Effect HCP, U.S. Fish 
and Wildlife Service, 777 East Tahquitz Canyon Way, Suite 208, Palm 
Springs, California 92262.
     In-Person Viewing or Pickup of Documents, or Delivery of 
Comments: Call 760-322-2070 to make an appointment during regular 
business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Karin Cleary-Rose, Inland Division 
Chief, Palm Springs Fish and Wildlife Office; telephone 760-332-2070 
extension 206. If you use a telecommunications device for the deaf 
(TDD), please call the Federal Information Relay Service (FIRS) at 800-
877-8339.

SUPPLEMENTARY INFORMATION: 

Introduction

    The Service issued an incidental take permit under section 
10(a)(1)(B) of the Act to the applicant, Diversified Pacific, on August 
21, 2015. The permit authorizes the applicant to take SBKR as a result 
of permanent impacts to 7.7 acres of habitat that the species uses for 
breeding, feeding, and sheltering. Take of SBKR is incidental to the 
applicant's activities associated with the construction of residential 
houses in the City of Redlands, San Bernardino County, California. The 
site is located southwest and southeast of the intersection of Pioneer 
Avenue and Judson Street in the City of Redlands, San Bernardino 
County, California. The proposed project site is surrounded by 
residential development and a mix of active and abandoned citrus 
orchards. An active municipal airport is located approximately 0.25 
mile northeast of the project site.
    The original permit required the applicant to mitigate impacts to 
the

[[Page 21586]]

SBKR by translocating HCP individuals (up to approximately 38 
individuals) to a conserved property within the Santa Ana River 
watershed, monitoring those translocated individuals for 5 years, and 
funding the perpetual management of 20.9 acres of high-quality SBKR 
habitat at the conserved 100-acre Redlands Conservancy property in 
Redlands, California. The applicant captured 41 SBKR from 4.4 acres 
before commencement of ground disturbance on the project site and 
translocated them to an area of the Cajon Creek Conservation Bank in 
the City of Muscoy, San Bernardino County, California, where they 
augmented a low-density population of SBKR. These animals will be 
monitored for 5 years, including annual reporting.
    The applicant requests a permit amendment to expand the SBKR 
translocation program permitted in the HCP to allow for additional 
capture and translocation of SBKR from the project site to a Service-
approved receiver site as described in the revised HCP. Upon inspection 
of the remaining undeveloped areas within the permit area, the SBKR 
biologist determined that 9.7 acres may still be occupied, for a total 
of 14.1 acres of occupied SBKR habitat. To minimize impacts associated 
with the expanded translocation program, the applicant will provide 
funding for the perpetual management and monitoring of 7.3 acres of 
additional occupied high-quality SBKR habitat in the City of Redlands, 
owned and conserved by the Redlands Land Conservancy into perpetuity as 
part of the revised HCP. This increase in the SBKR population across a 
larger portion of the permit area was unexpected given the overall poor 
quality of the conditions onsite and the limited number of SBKR 
previously trapped. The abnormally wet 2015 summer season allowed for 
increased seed production of summer annual plants. In turn, the SBKR on 
the project site experienced high reproductive success, which led to an 
expansion of distribution of SBKR on the site. Because the project site 
is within an urban matrix and physically isolated from other areas that 
support SBKR, the project site still does not provide long-term 
conservation value for the species. Pursuant to the terms of the 
original permit, the applicant prepared a management plan for and 
provided financial assurances for long-term funding of the management 
of 20.9 acres of high-value SBKR conservation land at the Redlands 
Conservancy Conservation Area. Under the permit amendment, the 
applicant would fund an endowment account for management of an 
additional 7.3 acres of Conservancy lands, for a total of 28.2 acres of 
Conservancy lands with high-value SBKR land protected and managed in 
perpetuity.
    We published a final rule to list SBKR as endangered on September 
24, 1998 (63 FR 51005). The rule became effective September 24, 1998. 
Final designation of critical habitat was published on April 23, 2002 
(67 FR 19812). A 5-year review of the species was published on May 21, 
2010 (75 FR 28636).

Background

    Section 9 of the Act (16 U.S.C. 1531-1544 et seq.) and Federal 
regulations (50 CFR 17) prohibit the taking of fish and wildlife 
species listed as endangered or threatened under section 4 of the Act. 
Take of federally listed fish or wildlife is defined under the Act as 
to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or 
collect listed species, or attempt to engage in such conduct. The term 
``harass'' is defined in the regulations as to carry out actions that 
create the likelihood of injury to listed species to such an extent as 
to significantly disrupt normal behavioral patterns, which include, but 
are not limited to, breeding, feeding, or sheltering (50 CFR 17.3). The 
term ``harm'' is defined in the regulations as significant habitat 
modification or degradation that results in death or injury of listed 
species by significantly impairing essential behavioral patterns, 
including breeding, feeding, or sheltering (50 CFR 17.3). However, 
under specified circumstances, the Service may issue permits that allow 
the take of federally listed species, provided that the take that 
occurs is incidental to, but not the purpose of, an otherwise lawful 
activity.
    Regulations governing incidental take permits for threatened and 
endangered species are at 50 CFR 17.32 and 17.22, respectively. In 
addition to meeting other criteria, activities covered by an incidental 
take permit must not jeopardize the continued existence in the wild of 
federally listed wildlife or plants.

Applicant's Proposal

    The applicant requests an amendment to the 5-year permit under 
section 10(a)(1)(B) of the Act to allow for expanded translocation of 
SBKR from the project site to high-quality habitat receiver sites. Upon 
issuance of the current permit, and as a condition of construction 
within the project area, the SBKR biologist trapped 4.4 acres of the 
estimated 7.7 acres of occupied habitat and discontinued trapping as 
the maximum take of SBKR had occurred. Upon further inspection, the 
SBKR biologist determined that 9.7 acres of undeveloped portions of the 
project area remained occupied by SBKR, for a total of 14.1 acres of 
occupied SBKR habitat.
    We think that the abnormally wet 2015 summer season allowed for 
increased seed production of summer annual plants. In turn, the SBKR on 
the project site experienced high reproductive success and recruitment 
of juveniles, which increased the total numbers of individuals on the 
site and led to an expansion of distribution of SBKR on the site. 
Because the project site is within an urban matrix and physically 
isolated from other areas that support SBKR, we still believe that the 
project site does not provide long-term conservation value for the 
species.
    If we approve the permit, the applicant would translocate all 
remaining SBKR to other Service-approved receiver sites from the 
remaining undeveloped portion of property as identified in the revised 
HCP. Translocation of SBKR from the project site is a requirement under 
the current permit as mitigation for impacts to SBKR, and it is 
recognized that moving the species off of the project site, which 
provides no connectivity to other SBKR populations, to approved 
receiver sites is a conservation benefit to the species. To mitigate 
take of SBKR at the project site, the applicant proposes the following 
mitigation strategy:
    1. All SBKR captured prior to ground disturbance on the project 
site will be translocated to one or more Service-approved receiver 
sites in the Santa Ana River Watershed. These animals will be monitored 
for 5 years, including annual reporting.
    2. The applicant will provide funding for the perpetual management 
and monitoring of 7.3 acres of additional high-quality occupied SBKR 
habitat in the City of Redlands, owned and conserved by the Redlands 
Land Conservancy into perpetuity as part of the revised HCP. In total 
for both the original HCP and the revised HCP, the applicant will fund 
the perpetual management and monitoring of 28.2 acres of SBKR habitat.

Proposed Habitat Conservation Plan Alternatives

    In the revised HCP, the applicant considers alternatives to the 
taking of SBKR under the proposed action. Our proposed action is to 
issue an amended permit to the applicant, who would implement the 
revised HCP. If we approve the amended permit, additional take of SBKR 
would be authorized for

[[Page 21587]]

the applicant's construction activities associated with the development 
of residential houses in the City of Redlands. The applicant's revised 
HCP identifies a no-build alternative that would not result in 
additional incidental take of SBKR; however, it is infeasible for the 
applicant to accept this alternative, as it would result in no 
development of the land and associated infrastructure improvements 
necessary to the City of Redlands and surrounding community. The 
revised HCP also examined participation in a regional HCP as an 
alternative to an individual HCP. This alternative plan is infeasible 
because there is currently no completed regional plan, and the timing 
for completion of a regional plan is unknown.

Our Preliminary Determination

    We invite comments on our preliminary determination that our 
proposed action, based on the applicant's proposed activities to expand 
SBKR translocation minimization and mitigation measures, would have a 
minor or negligible effect on SBKR, and that the revised HCP qualifies 
as ``low effect'' as defined by our Habitat Conservation Planning 
Handbook (November 1996).
    We base our determination that this HCP qualifies as a low-effect 
plan on the following three criteria:
    1. Implementation of the HCP would result in minor or negligible 
effects on federally listed, proposed, and candidate species and their 
habitats;
    2. Implementation of the HCP would result in minor or negligible 
effects on other environmental values or resources; and
    3. Impacts of the HCP, considered together with the impacts of 
other past, present, and reasonably foreseeable similarly situated 
projects, would not result, over time, in cumulative effects to 
environmental values or resources that would be considered significant.
    As more fully explained in our associated low-effect screening 
form, the applicant's revised HCP qualifies as a low-effect HCP for the 
following reasons:
    1. The project is small in size and the loss of this habitat would 
not jeopardize the continued existence of the SBKR.
    2. The project site is not in designated critical habitat for the 
SBKR.
    3. The translocation of additional SBKR off of the project site to 
conserved receiver sites would increase the local genetic diversity of 
SBKR at multiple locations in the Santa Ana River watershed, 
contributing to species recovery.
    Therefore, our proposed issuance of the requested incidental take 
permit qualifies as a categorical exclusion under the National 
Environmental Policy Act, as provided by Department of the Interior 
implementing regulations in part 46 of title 43 of the Code of Federal 
Regulations (43 CFR 46.205, 46.210, and 46.215). Based on our review of 
public comments we receive in response to this notice, we may revise 
this preliminary determination.

Public Review

    The Service invites the public to comment on the application to 
amend the permit, including the revised HCP, during the public comment 
period. Copies of the documents will be available during a 30-day 
public comment period (see DATES). If you wish to comment, you may 
submit your comments to the address listed 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 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.

Next Steps

    We will evaluate the revised HCP and comments we receive to 
determine whether the application for a permit amendment meets the 
requirements and issuance criteria under section 10(a) of the Act (16 
U.S.C. 1531 et seq.). We will also evaluate whether issuance of an 
amended section 10(a)(1)(B) incidental take permit would comply with 
section 7 of the Act by reinitiating intra-Service consultation. We 
will use the results of the reinitiation, in combination with the above 
findings, in our final analysis to determine whether or not to issue a 
permit amendment. If the requirements and issuance criteria under 
section 10(a) are met, we will issue the permit amendment to the 
applicant for incidental take of SBKR associated with expanded 
translocation activities.

Scott A. Sobiech,
Acting Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2016-08345 Filed 4-11-16; 8:45 am]
 BILLING CODE 4333-15-P



                                                                                   Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices                                           21585

                                                    property such as patentable material,                   Scientific Review, National Institutes of             low-effect screening form, and/or the
                                                    and personal information concerning                     Health, 6701 Rockledge Drive, Room 5216,              revised HCP by email, telephone, fax, or
                                                    individuals associated with the grant                   MSC 7852, Bethesda, MD 20892, 301–435–                U.S. mail (see below). These documents
                                                                                                            1050, freundr@csr.nih.gov.
                                                    applications, the disclosure of which                                                                         are also available for public inspection
                                                                                                              This notice is being published less than 15
                                                    would constitute a clearly unwarranted                  days prior to the meeting due to the timing           by appointment during normal business
                                                    invasion of personal privacy.                           limitations imposed by the review and                 hours at the office below. Please send
                                                      Name of Committee: National Institute on              funding cycle.                                        your requests or comments by any one
                                                    Aging Special Emphasis Panel; Biomarkers                (Catalogue of Federal Domestic Assistance             of the following methods, and specify
                                                    for AD: The Adult Children Study II.                    Program Nos. 93.306, Comparative Medicine;            ‘‘Diversified Pacific Low-Effect HCP’’ in
                                                      Date: May 3, 2016.                                    93.333, Clinical Research, 93.306, 93.333,            your request or comment.
                                                      Time: 10:30 a.m. to 1:30 p.m.                         93.337, 93.393–93.396, 93.837–93.844,                    • Email: karin_cleary-rose@fws.gov.
                                                      Agenda: To review and evaluate grant                  93.846–93.878, 93.892, 93.893, National               Include ‘‘Diversified Pacific Low-Effect
                                                    applications.                                           Institutes of Health, HHS)                            HCP’’ in the subject line of your
                                                      Place: National Institute on Aging,
                                                                                                              Dated: April 6, 2016.                               message.
                                                    Gateway Building, Suite 2C212, 7201
                                                    Wisconsin Avenue, Bethesda, MD 20892
                                                                                                                                                                     • Telephone: Karin Cleary-Rose, Palm
                                                                                                            Natasha M. Copeland,                                  Springs Fish and Wildlife Office, 760–
                                                    (Telephone Conference Call).
                                                                                                            Program Analyst, Office of Federal Advisory           322–2070 extension 206.
                                                      Contact Person: Maurizio Grimaldi, MD,
                                                    Ph.D., Scientific Review Officer, National
                                                                                                            Committee Policy.                                        • Fax: Karin Cleary-Rose, Palm
                                                    Institute on Aging, National Institutes of              [FR Doc. 2016–08291 Filed 4–11–16; 8:45 am]           Springs Fish and Wildlife Office, 760–
                                                    Health, 7201 Wisconsin Avenue, Room                     BILLING CODE 4140–01–P                                322–4648, Attn.: Diversified Pacific
                                                    2C218, Bethesda, MD 20892, 301–496–9374,                                                                      Low-Effect HCP.
                                                    grimaldim2@mail.nih.gov.                                                                                         • U.S. Mail: Karin Cleary-Rose, Palm
                                                    (Catalogue of Federal Domestic Assistance               DEPARTMENT OF THE INTERIOR                            Springs Fish and Wildlife Office, Attn.:
                                                    Program Nos. 93.866, Aging Research,                                                                          Diversified Pacific Low-Effect HCP, U.S.
                                                    National Institutes of Health, HHS)                     Fish and Wildlife Service                             Fish and Wildlife Service, 777 East
                                                      Dated: April 6, 2016.
                                                                                                            [FWS–R8–ES–2016–N032;
                                                                                                                                                                  Tahquitz Canyon Way, Suite 208, Palm
                                                    Melanie J. Gray,                                        FXES11120800000–167–FF08ECAR00]                       Springs, California 92262.
                                                    Program Analyst, Office of Federal Advisory                                                                      • In-Person Viewing or Pickup of
                                                    Committee Policy.                                       Endangered and Threatened Wildlife                    Documents, or Delivery of Comments:
                                                    [FR Doc. 2016–08293 Filed 4–11–16; 8:45 am]             and Plants; Application To Amend                      Call 760–322–2070 to make an
                                                    BILLING CODE 4140–01–P                                  Incidental Take Permit; Revised                       appointment during regular business
                                                                                                            Diversified Pacific Low-Effect Habitat                hours at the above address.
                                                                                                            Conservation Plan and Associated                      FOR FURTHER INFORMATION CONTACT:
                                                    DEPARTMENT OF HEALTH AND                                Documents, City of Redlands, San                      Karin Cleary-Rose, Inland Division
                                                    HUMAN SERVICES                                          Bernardino County, California                         Chief, Palm Springs Fish and Wildlife
                                                                                                                                                                  Office; telephone 760–332–2070
                                                    National Institutes of Health                           ACTION:Notice of availability; request                extension 206. If you use a
                                                                                                            for comments.                                         telecommunications device for the deaf
                                                    Center for Scientific Review; Notice of                                                                       (TDD), please call the Federal
                                                    Closed Meeting                                          SUMMARY:   We, the U.S. Fish and                      Information Relay Service (FIRS) at
                                                                                                            Wildlife Service (Service), have received             800–877–8339.
                                                      Pursuant to section 10(d) of the                      an application from Diversified Pacific
                                                    Federal Advisory Committee Act, as                      (applicant), to amend a 5-year incidental
                                                                                                                                                                  SUPPLEMENTARY INFORMATION:
                                                    amended (5 U.S.C. App.), notice is                      take permit (permit). The application                 Introduction
                                                    hereby given of the following meeting.
                                                                                                            includes the applicant’s revised habitat                 The Service issued an incidental take
                                                      The meeting will be closed to the
                                                                                                            conservation plan (HCP), as required by               permit under section 10(a)(1)(B) of the
                                                    public in accordance with the
                                                    provisions set forth in sections                        the Endangered Species Act of 1973, as                Act to the applicant, Diversified Pacific,
                                                    552b(c)(4) and 552b(c)(6), title 5 U.S.C.,              amended (Act). If approved, the                       on August 21, 2015. The permit
                                                    as amended. The grant applications and                  amended permit would authorize                        authorizes the applicant to take SBKR as
                                                    the discussions could disclose                          incidental take of the endangered San                 a result of permanent impacts to 7.7
                                                    confidential trade secrets or commercial                Bernardino Merriam’s kangaroo rat                     acres of habitat that the species uses for
                                                    property such as patentable material,                   (SBKR) in the course of routine                       breeding, feeding, and sheltering. Take
                                                    and personal information concerning                     construction activities associated with               of SBKR is incidental to the applicant’s
                                                    individuals associated with the grant                   the development of residential houses                 activities associated with the
                                                    applications, the disclosure of which                   in the City of Redlands. We invite                    construction of residential houses in the
                                                    would constitute a clearly unwarranted                  public comment on the application for                 City of Redlands, San Bernardino
                                                    invasion of personal privacy.                           a permit amendment and the revised                    County, California. The site is located
                                                                                                            HCP, and on our preliminary                           southwest and southeast of the
                                                      Name of Committee: Center for Scientific              determination that the revised HCP
                                                    Review Special Emphasis Panel; AIDS and                                                                       intersection of Pioneer Avenue and
                                                    Related Research: Clinical Applications
                                                                                                            continues to qualify as ‘‘low-effect’’ for            Judson Street in the City of Redlands,
                                                                                                            a categorical exclusion under the                     San Bernardino County, California. The
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Member Conflicts.
                                                      Date: April 20–21, 2016.                              National Environmental Policy Act. To                 proposed project site is surrounded by
                                                      Time: 10:00 a.m. to 5:00 p.m.                         make this determination we used our                   residential development and a mix of
                                                      Agenda: To review and evaluate grant                  low-effect screening form.                            active and abandoned citrus orchards.
                                                    applications.                                           DATES: To ensure consideration, please
                                                      Place: National Institutes of Health, 6701
                                                                                                                                                                  An active municipal airport is located
                                                                                                            send your written comments by May 12,                 approximately 0.25 mile northeast of the
                                                    Rockledge Drive, Bethesda, MD 20892
                                                    (Virtual Meeting).                                      2016.                                                 project site.
                                                      Contact Person: Robert Freund, Ph.D.,                 ADDRESSES: You may request a copy of                     The original permit required the
                                                    Scientific Review Officer, Center for                   the amended permit application, the                   applicant to mitigate impacts to the


                                               VerDate Sep<11>2014   17:18 Apr 11, 2016   Jkt 238001   PO 00000   Frm 00053   Fmt 4703   Sfmt 4703   E:\FR\FM\12APN1.SGM   12APN1


                                                    21586                          Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices

                                                    SBKR by translocating HCP individuals                   account for management of an                          and discontinued trapping as the
                                                    (up to approximately 38 individuals) to                 additional 7.3 acres of Conservancy                   maximum take of SBKR had occurred.
                                                    a conserved property within the Santa                   lands, for a total of 28.2 acres of                   Upon further inspection, the SBKR
                                                    Ana River watershed, monitoring those                   Conservancy lands with high-value                     biologist determined that 9.7 acres of
                                                    translocated individuals for 5 years, and               SBKR land protected and managed in                    undeveloped portions of the project area
                                                    funding the perpetual management of                     perpetuity.                                           remained occupied by SBKR, for a total
                                                    20.9 acres of high-quality SBKR habitat                    We published a final rule to list SBKR             of 14.1 acres of occupied SBKR habitat.
                                                    at the conserved 100-acre Redlands                      as endangered on September 24, 1998                      We think that the abnormally wet
                                                    Conservancy property in Redlands,                       (63 FR 51005). The rule became                        2015 summer season allowed for
                                                    California. The applicant captured 41                   effective September 24, 1998. Final                   increased seed production of summer
                                                    SBKR from 4.4 acres before                              designation of critical habitat was                   annual plants. In turn, the SBKR on the
                                                    commencement of ground disturbance                      published on April 23, 2002 (67 FR                    project site experienced high
                                                    on the project site and translocated                    19812). A 5-year review of the species                reproductive success and recruitment of
                                                    them to an area of the Cajon Creek                      was published on May 21, 2010 (75 FR                  juveniles, which increased the total
                                                    Conservation Bank in the City of                        28636).                                               numbers of individuals on the site and
                                                    Muscoy, San Bernardino County,                                                                                led to an expansion of distribution of
                                                                                                            Background
                                                    California, where they augmented a low-                                                                       SBKR on the site. Because the project
                                                    density population of SBKR. These                          Section 9 of the Act (16 U.S.C. 1531–              site is within an urban matrix and
                                                    animals will be monitored for 5 years,                  1544 et seq.) and Federal regulations (50             physically isolated from other areas that
                                                    including annual reporting.                             CFR 17) prohibit the taking of fish and               support SBKR, we still believe that the
                                                                                                            wildlife species listed as endangered or              project site does not provide long-term
                                                       The applicant requests a permit                      threatened under section 4 of the Act.                conservation value for the species.
                                                    amendment to expand the SBKR                            Take of federally listed fish or wildlife                If we approve the permit, the
                                                    translocation program permitted in the                  is defined under the Act as to harass,                applicant would translocate all
                                                    HCP to allow for additional capture and                 harm, pursue, hunt, shoot, wound, kill,               remaining SBKR to other Service-
                                                    translocation of SBKR from the project                  trap, capture, or collect listed species, or          approved receiver sites from the
                                                    site to a Service-approved receiver site                attempt to engage in such conduct. The                remaining undeveloped portion of
                                                    as described in the revised HCP. Upon                   term ‘‘harass’’ is defined in the                     property as identified in the revised
                                                    inspection of the remaining                             regulations as to carry out actions that              HCP. Translocation of SBKR from the
                                                    undeveloped areas within the permit                     create the likelihood of injury to listed             project site is a requirement under the
                                                    area, the SBKR biologist determined that                species to such an extent as to                       current permit as mitigation for impacts
                                                    9.7 acres may still be occupied, for a                  significantly disrupt normal behavioral               to SBKR, and it is recognized that
                                                    total of 14.1 acres of occupied SBKR                    patterns, which include, but are not                  moving the species off of the project
                                                    habitat. To minimize impacts associated                 limited to, breeding, feeding, or                     site, which provides no connectivity to
                                                    with the expanded translocation                         sheltering (50 CFR 17.3). The term                    other SBKR populations, to approved
                                                    program, the applicant will provide                     ‘‘harm’’ is defined in the regulations as             receiver sites is a conservation benefit to
                                                    funding for the perpetual management                    significant habitat modification or                   the species. To mitigate take of SBKR at
                                                    and monitoring of 7.3 acres of                          degradation that results in death or                  the project site, the applicant proposes
                                                    additional occupied high-quality SBKR                   injury of listed species by significantly             the following mitigation strategy:
                                                    habitat in the City of Redlands, owned                  impairing essential behavioral patterns,                 1. All SBKR captured prior to ground
                                                    and conserved by the Redlands Land                      including breeding, feeding, or                       disturbance on the project site will be
                                                    Conservancy into perpetuity as part of                  sheltering (50 CFR 17.3). However,                    translocated to one or more Service-
                                                    the revised HCP. This increase in the                   under specified circumstances, the                    approved receiver sites in the Santa Ana
                                                    SBKR population across a larger portion                 Service may issue permits that allow the              River Watershed. These animals will be
                                                    of the permit area was unexpected given                 take of federally listed species, provided            monitored for 5 years, including annual
                                                    the overall poor quality of the                         that the take that occurs is incidental to,           reporting.
                                                    conditions onsite and the limited                       but not the purpose of, an otherwise                     2. The applicant will provide funding
                                                    number of SBKR previously trapped.                      lawful activity.                                      for the perpetual management and
                                                    The abnormally wet 2015 summer                             Regulations governing incidental take              monitoring of 7.3 acres of additional
                                                    season allowed for increased seed                       permits for threatened and endangered                 high-quality occupied SBKR habitat in
                                                    production of summer annual plants. In                  species are at 50 CFR 17.32 and 17.22,                the City of Redlands, owned and
                                                    turn, the SBKR on the project site                      respectively. In addition to meeting                  conserved by the Redlands Land
                                                    experienced high reproductive success,                  other criteria, activities covered by an              Conservancy into perpetuity as part of
                                                    which led to an expansion of                            incidental take permit must not                       the revised HCP. In total for both the
                                                    distribution of SBKR on the site.                       jeopardize the continued existence in                 original HCP and the revised HCP, the
                                                    Because the project site is within an                   the wild of federally listed wildlife or              applicant will fund the perpetual
                                                    urban matrix and physically isolated                    plants.                                               management and monitoring of 28.2
                                                    from other areas that support SBKR, the                                                                       acres of SBKR habitat.
                                                    project site still does not provide long-               Applicant’s Proposal
                                                    term conservation value for the species.                  The applicant requests an amendment                 Proposed Habitat Conservation Plan
                                                    Pursuant to the terms of the original                   to the 5-year permit under section                    Alternatives
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    permit, the applicant prepared a                        10(a)(1)(B) of the Act to allow for                     In the revised HCP, the applicant
                                                    management plan for and provided                        expanded translocation of SBKR from                   considers alternatives to the taking of
                                                    financial assurances for long-term                      the project site to high-quality habitat              SBKR under the proposed action. Our
                                                    funding of the management of 20.9 acres                 receiver sites. Upon issuance of the                  proposed action is to issue an amended
                                                    of high-value SBKR conservation land at                 current permit, and as a condition of                 permit to the applicant, who would
                                                    the Redlands Conservancy Conservation                   construction within the project area, the             implement the revised HCP. If we
                                                    Area. Under the permit amendment, the                   SBKR biologist trapped 4.4 acres of the               approve the amended permit, additional
                                                    applicant would fund an endowment                       estimated 7.7 acres of occupied habitat               take of SBKR would be authorized for


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                                                                                   Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices                                            21587

                                                    the applicant’s construction activities                   Therefore, our proposed issuance of                 DEPARTMENT OF THE INTERIOR
                                                    associated with the development of                      the requested incidental take permit
                                                    residential houses in the City of                       qualifies as a categorical exclusion                  Fish and Wildlife Service
                                                    Redlands. The applicant’s revised HCP                   under the National Environmental
                                                    identifies a no-build alternative that                  Policy Act, as provided by Department                 [FWS–R8–ES–2016–N049;
                                                    would not result in additional                          of the Interior implementing regulations              FXES11130800000–167–FF08ENVS00]
                                                    incidental take of SBKR; however, it is                 in part 46 of title 43 of the Code of
                                                    infeasible for the applicant to accept                                                                        Application for an Enhancement of
                                                                                                            Federal Regulations (43 CFR 46.205,                   Survival Permit for the Proposed
                                                    this alternative, as it would result in no              46.210, and 46.215). Based on our
                                                    development of the land and associated                                                                        Springs Preserve Safe Harbor
                                                                                                            review of public comments we receive                  Agreement, Las Vegas, Clark County,
                                                    infrastructure improvements necessary                   in response to this notice, we may revise
                                                    to the City of Redlands and surrounding                                                                       Nevada
                                                                                                            this preliminary determination.
                                                    community. The revised HCP also                                                                               AGENCY:   Fish and Wildlife Service,
                                                    examined participation in a regional                    Public Review                                         Interior.
                                                    HCP as an alternative to an individual
                                                                                                              The Service invites the public to                   ACTION: Notice of availability; receipt of
                                                    HCP. This alternative plan is infeasible
                                                                                                            comment on the application to amend                   application and request for comment.
                                                    because there is currently no completed
                                                    regional plan, and the timing for                       the permit, including the revised HCP,                SUMMARY:   We, the U.S. Fish and
                                                    completion of a regional plan is                        during the public comment period.                     Wildlife Service (Service), have received
                                                    unknown.                                                Copies of the documents will be                       an application from the Las Vegas
                                                                                                            available during a 30-day public                      Valley Water District (applicant) for an
                                                    Our Preliminary Determination
                                                                                                            comment period (see DATES). If you wish               enhancement of survival permit under
                                                      We invite comments on our                             to comment, you may submit your                       the Endangered Species Act of 1973, as
                                                    preliminary determination that our                      comments to the address listed in                     amended (Act). The permit application
                                                    proposed action, based on the                           ADDRESSES. Before including your                      includes a proposed safe harbor
                                                    applicant’s proposed activities to                      address, phone number, email address,                 agreement (SHA) between the applicant
                                                    expand SBKR translocation                               or other personal identifying                         and the Service. The SHA provides for
                                                    minimization and mitigation measures,                   information in your comment, you                      voluntary activities that will contribute
                                                    would have a minor or negligible effect                 should be aware that your entire                      to the recovery of the Pahrump poolfish.
                                                    on SBKR, and that the revised HCP                       comment—including your personal                       We have made a preliminary
                                                    qualifies as ‘‘low effect’’ as defined by               identifying information—may be made                   determination that the proposed SHA
                                                    our Habitat Conservation Planning                       publicly available at any time. While                 and permit application are eligible for
                                                    Handbook (November 1996).                                                                                     categorical exclusion under the National
                                                                                                            you may ask us in your comment to
                                                      We base our determination that this                                                                         Environmental Policy Act of 1969
                                                                                                            withhold your personal identifying
                                                    HCP qualifies as a low-effect plan on the                                                                     (NEPA).
                                                                                                            information from public review, we
                                                    following three criteria:
                                                                                                            cannot guarantee that we will be able to              DATES:  Written comments must be
                                                      1. Implementation of the HCP would
                                                    result in minor or negligible effects on                do so.                                                received on or before May 12, 2016.
                                                    federally listed, proposed, and                         Next Steps                                            ADDRESSES: Comments should be
                                                    candidate species and their habitats;                                                                         addressed to Michael J. Senn, Field
                                                      2. Implementation of the HCP would                       We will evaluate the revised HCP and               Supervisor, by U.S. mail at Southern
                                                    result in minor or negligible effects on                comments we receive to determine                      Nevada Fish and Wildlife Office, 4701
                                                    other environmental values or                           whether the application for a permit                  North Torrey Pines Drive, Las Vegas, NV
                                                    resources; and                                          amendment meets the requirements and                  89130; or by fax to 702–515–5231 (see
                                                      3. Impacts of the HCP, considered                     issuance criteria under section 10(a) of              Public Review and Comment under
                                                    together with the impacts of other past,                the Act (16 U.S.C. 1531 et seq.). We will             SUPPLEMENTARY INFORMATION).
                                                    present, and reasonably foreseeable                     also evaluate whether issuance of an                  FOR FURTHER INFORMATION CONTACT:
                                                    similarly situated projects, would not                  amended section 10(a)(1)(B) incidental                James Harter, Fish Biologist, at the
                                                    result, over time, in cumulative effects                take permit would comply with section                 Southern Nevada Fish and Wildlife
                                                    to environmental values or resources                    7 of the Act by reinitiating intra-Service            Office address, or by telephone at 702–
                                                    that would be considered significant.                   consultation. We will use the results of              515–5230.
                                                      As more fully explained in our                        the reinitiation, in combination with the             SUPPLEMENTARY INFORMATION: We have
                                                    associated low-effect screening form, the               above findings, in our final analysis to              received an application from the Las
                                                    applicant’s revised HCP qualifies as a                  determine whether or not to issue a                   Vegas Valley Water District (applicant)
                                                    low-effect HCP for the following                        permit amendment. If the requirements                 for an enhancement of survival permit
                                                    reasons:                                                and issuance criteria under section 10(a)             under the Endangered Species Act of
                                                      1. The project is small in size and the               are met, we will issue the permit                     1973, as amended (Act; 16 U.S.C. 1531
                                                    loss of this habitat would not jeopardize               amendment to the applicant for                        et seq.). The permit application includes
                                                    the continued existence of the SBKR.                                                                          a proposed safe harbor agreement (SHA)
                                                                                                            incidental take of SBKR associated with
                                                      2. The project site is not in designated                                                                    between the applicant and the Service.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            expanded translocation activities.
                                                    critical habitat for the SBKR.                                                                                The SHA provides for voluntary habitat
                                                      3. The translocation of additional                    Scott A. Sobiech,                                     restoration, maintenance, enhancement,
                                                    SBKR off of the project site to conserved               Acting Field Supervisor, Carlsbad Fish and            or creation activities that will contribute
                                                    receiver sites would increase the local                 Wildlife Office, Carlsbad, California.                to the recovery of the Pahrump poolfish
                                                    genetic diversity of SBKR at multiple                   [FR Doc. 2016–08345 Filed 4–11–16; 8:45 am]           (Empetrichthys latos). The proposed
                                                    locations in the Santa Ana River                        BILLING CODE 4333–15–P
                                                                                                                                                                  duration of both the SHA and permit is
                                                    watershed, contributing to species                                                                            for 15 years, with an option to extend
                                                    recovery.                                                                                                     an additional 15 years.


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Document Created: 2016-04-12 00:46:30
Document Modified: 2016-04-12 00:46:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; request for comments.
DatesTo ensure consideration, please send your written comments by May 12, 2016.
ContactKarin Cleary-Rose, Inland Division Chief, Palm Springs Fish and Wildlife Office; telephone 760-332-2070 extension 206. If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service (FIRS) at 800- 877-8339.
FR Citation81 FR 21585 

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