81_FR_9022 81 FR 8987 - Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan and Associated Documents; City of Santee, California

81 FR 8987 - Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan and Associated Documents; City of Santee, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 35 (February 23, 2016)

Page Range8987-8988
FR Document2016-03717

We, the U.S. Fish and Wildlife Service (Service), have received an application from Mrs. Rita Cutri (applicant) for a 3-year incidental take permit for the threatened coastal California gnatcatcher pursuant to the Endangered Species Act of 1973, as amended (Act). We are requesting comments on the permit application and on the preliminary determination that the proposed Habitat Conservation Plan qualifies as a ``low-effect'' Habitat Conservation Plan, 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 also available for public review.

Federal Register, Volume 81 Issue 35 (Tuesday, February 23, 2016) 
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 8987-8988]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03717]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2016-N026; FXES11120800000-167-FF08ECAR00]


Endangered and Threatened Wildlife and Plants; Incidental Take 
Permit Application; Proposed Low-Effect Habitat Conservation Plan and 
Associated Documents; City of Santee, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Mrs. Rita Cutri (applicant) for a 3-year 
incidental take permit for the threatened coastal California 
gnatcatcher pursuant to the Endangered Species Act of 1973, as amended 
(Act). We are requesting comments on the permit application and on the 
preliminary determination that the proposed Habitat Conservation Plan 
qualifies as a ``low-effect'' Habitat Conservation Plan, 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 also available for 
public review.

DATES: Written comments should be received on or before March 24, 2016.

ADDRESSES: Submitting Comments: You may submit comments by one of the 
following methods:
     U.S. Mail: Field Supervisor, Fish and Wildlife Service, 
Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250, 
Carlsbad, CA 92008.
     Fax: Field Supervisor, 760-431-9624.
    Obtaining Documents: To request copies of the application, proposed 
HCP, and EAS, contact the Service immediately, by telephone at 760-431-
9440 or by letter to the Carlsbad Fish and Wildlife Office (see 
ADDRESSES). Copies of the proposed HCP and EAS also are available for 
public inspection during regular business hours at the Carlsbad Fish 
and Wildlife Office (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field 
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES); 
telephone: 760-431-9440. If you use a telecommunications device for the 
deaf (TDD), please call the Federal Information Relay Service (FIRS) at 
800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from Ms. Rita Cutri (applicant) 
for a 3-year incidental take permit for one covered species pursuant to 
section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended 
(16 U.S.C. 1531 et seq., Act). The application addresses the potential 
``take'' of the threatened coastal California gnatcatcher in the course 
of activities associated with the construction of the Cutri residential 
home project, in the City of Santee, San Diego County, California. A 
conservation program to avoid, minimize, and mitigate for project 
activities would be implemented as described in the proposed Habitat 
Conservation Plan (HCP) by the applicant.
    We are requesting comments on the permit application and on the 
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 associated low-effect screening form, which are also available for 
public review.

Background

    Section 9 of the Act and its implementing Federal regulations 
prohibit the ``take'' of animal species listed as endangered or 
threatened. Take is defined under the Act 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 Act, the Service 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 an otherwise lawful activity. 
Regulations governing incidental take permits for threatened and 
endangered species, respectively, are found in the Code of Federal 
Regulations at 50 CFR 17.22 and 50 CFR 17.32.
    The applicant requests a 3-year permit under section 10(a)(1)(B) of 
the Act. If we approve the permit, the applicant anticipates taking 
coastal California

[[Page 8988]]

gnatcatcher (Polioptila californica californica) as a result of 
permanent impacts to 2.92 acres (ac) of habitat the species uses for 
breeding, feeding, and sheltering. The take would be incidental to the 
applicant's activities associated with the construction of the Cutri 
residential project in the City of Santee, California, and includes in-
perpetuity preservation and management of 7.0 ac of coastal California 
gnatcatcher habitat.
    The Cutri residential project proposes to construct a single-family 
residence on a 9.9-acre parcel in the City of Santee. The project will 
permanently impact 2.92 ac of coastal California gnatcatcher occupied 
habitat as a result of clearing and grading activities.
    To minimize take of coastal California gnatcatcher by the Cutri 
residential development project and offset impacts to its habitat, the 
applicant proposes to mitigate for permanent impacts to 2.92 ac of 
occupied coastal California gnatcatcher habitat through the dedication 
of 7.0 ac of coastal California gnatcatcher habitat within an on-site 
conservation easement and funding long-term management to benefit the 
species. The applicant's proposed HCP also contains the following 
proposed measures to minimize the effects of construction activities on 
the coastal California gnatcatcher:
     Clearing of habitat will not take place during the coastal 
California gnatcatcher breeding season (defined as February 15-August 
31). In the event it is not feasible to clear outside of the breeding 
season, three pre-construction surveys for nesting birds will be 
conducted within the week prior to initiating grading activities to 
ensure construction activities do not occur within 300 feet of an 
active nest.
     A Service-approved biologist will conduct a training 
session for the grading contractor and will be present on site during 
the initial clearing and grubbing activities to ensure that impacts are 
limited to the project footprint.

Proposed Action and Alternatives

    The Proposed Action consists of the issuance of an incidental take 
permit and implementation of the proposed HCP, which includes measures 
to avoid, minimize, and mitigate impacts to the coastal California 
gnatcatcher. If we approve the permit, take of coastal California 
gnatcatcher would be authorized for the applicant's activities 
associated with the construction of the Cutri residential development 
project. In the proposed HCP, the applicant considers alternatives to 
the taking of coastal California gnatcatcher under the proposed action. 
Alternative development configuration was considered; however, because 
of the small size of the project site, further avoidance of impacts to 
coastal California gnatcatcher habitat could not be achieved. The 
Applicant also considered the No Action Alternative. Under the No 
Action Alternative, no incidental take of coastal California 
gnatcatcher habitat would occur, and no long-term protection and 
management would be afforded to the species.

Our Preliminary Determination

    The Service has made a preliminary determination that approval of 
the proposed HCP qualifies as a categorical exclusion under NEPA, as 
provided by the Department of the Interior Manual (516 DM 2 Appendix 1 
and 516 DM 6 Appendix 1) and as a ``low-effect'' plan as defined by the 
Habitat Conservation Planning Handbook (November 1996).
    We base our determination that a 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.
    Based upon this preliminary determination, we do not intend to 
prepare further NEPA documentation. We will consider public comments in 
making the final determination on whether to prepare such additional 
documentation.

Next Steps

    We will evaluate the proposed HCP and comments we receive to 
determine whether the permit application 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 a section 10(a)(1)(B) 
incidental take permit would comply with section 7 of the Act by 
conducting an intra-Service consultation. We will use the results of 
this consultation, in combination with the above findings, in our final 
analysis to determine whether or not to issue a permit. If the 
requirements and issuance criteria under section 10(a) are met, we will 
issue the permit to the applicant for incidental take of coastal 
California gnatcatcher.

Public Comments

    If you wish to comment on the permit application, proposed HCP, and 
associated documents, you may submit comments by any of the methods 
noted in the ADDRESSES section.

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 Act (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).).

G. Mendel Stewart,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2016-03717 Filed 2-22-16; 8:45 am]
 BILLING CODE 4333-15-P

Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices 8987 human environment that could result DEPARTMENT OF THE INTERIOR Information Relay Service (FIRS) at from issuance of the requested permit 800–877–8339. for the EMR CCAA, and we do not Fish and Wildlife Service SUPPLEMENTARY INFORMATION: We, the foresee any significant impacts. We [FWS–R8–ES–2016–N026; U.S. Fish and Wildlife Service (Service), completed an Environmental FXES11120800000–167–FF08ECAR00] have received an application from Ms. Assessment and a Finding of No Rita Cutri (applicant) for a 3-year Significant Impact on a Proposal to Endangered and Threatened Wildlife incidental take permit for one covered Implement Candidate Conservation and Plants; Incidental Take Permit species pursuant to section 10(a)(1)(B) Agreements and Conservation Measures Application; Proposed Low-Effect of the Endangered Species Act of 1973, for Eastern Massasaugas in Illinois, Habitat Conservation Plan and as amended (16 U.S.C. 1531 et seq., Iowa, Michigan, Missouri, Ohio, and Associated Documents; City of Santee, Act). The application addresses the Wisconsin (see http://www.fws.gov/ California potential ‘‘take’’ of the threatened midwest/endangered/permits/ coastal California gnatcatcher in the AGENCY: Fish and Wildlife Service, course of activities associated with the enhancement/ccaa/index.html). Interior. construction of the Cutri residential Participating in the EMR CCAA is strictly a voluntary action for ACTION: Notice of availability; request home project, in the City of Santee, San landowners. for comments. Diego County, California. A conservation program to avoid, Next Steps SUMMARY: We, the U.S. Fish and minimize, and mitigate for project Wildlife Service (Service), have received activities would be implemented as We will evaluate the permit an application from Mrs. Rita Cutri described in the proposed Habitat application, associated documents, and (applicant) for a 3-year incidental take Conservation Plan (HCP) by the comments we receive to determine permit for the threatened coastal applicant. whether the permit application meets California gnatcatcher pursuant to the We are requesting comments on the the requirements of the ESA, NEPA, and Endangered Species Act of 1973, as permit application and on the implementing regulations. If we amended (Act). We are requesting preliminary determination that the determine that all requirements are met, comments on the permit application proposed HCP qualifies as a ‘‘low- we will sign the proposed CCAA and and on the preliminary determination effect’’ HCP, eligible for a categorical issue a permit under section 10(a)(1)(A) that the proposed Habitat Conservation exclusion under the National of the ESA to MDNR and MDMVA for Plan qualifies as a ‘‘low-effect’’ Habitat Environmental Policy Act (NEPA) of take of EMR. We will not make our final Conservation Plan, eligible for a 1969, as amended. The basis for this decision until after the end of the 30- categorical exclusion under the National determination is discussed in the day public comment period, and we Environmental Policy Act (NEPA) of environmental action statement (EAS) will fully consider all comments we 1969, as amended. The basis for this and associated low-effect screening receive during the public comment determination is discussed in the form, which are also available for public period. environmental action statement (EAS) review. and the associated low-effect screening Public Availability of Comments form, which are also available for public Background Written comments we receive become review. Section 9 of the Act and its part of the public record associated with DATES: Written comments should be implementing Federal regulations this action. Before including your received on or before March 24, 2016. prohibit the ‘‘take’’ of animal species ADDRESSES: Submitting Comments: You listed as endangered or threatened. Take address, phone number, email address, may submit comments by one of the is defined under the Act as to ‘‘harass, or other personal identifying following methods: harm, pursue, hunt, shoot, wound, kill, information in your comment, you • U.S. Mail: Field Supervisor, Fish trap, capture, or collect listed animal should be aware that the entire and Wildlife Service, Carlsbad Fish and species, or to attempt to engage in such comment, including your personal Wildlife Office, 2177 Salk Avenue, Suite conduct’’ (16 U.S.C. 1538). ‘‘Harm’’ identifying information, may be made includes significant habitat modification available at any time. While you can ask 250, Carlsbad, CA 92008. • Fax: Field Supervisor, 760–431– or degradation that actually kills or us in your comment to withhold your injures listed wildlife by significantly personal identifying information from 9624. Obtaining Documents: To request impairing essential behavioral patterns public review, we cannot guarantee that such as breeding, feeding, or sheltering we will be able to do so. copies of the application, proposed HCP, and EAS, contact the Service (50 CFR 17.3). However, under section Authority immediately, by telephone at 760–431– 10(a) of the Act, the Service may issue permits to authorize incidental take of 9440 or by letter to the Carlsbad Fish We provide this notice under section listed species. ‘‘Incidental take’’ is and Wildlife Office (see ADDRESSES). 10(c) of the ESA (16 U.S.C. 1531 et seq.) defined by the Act as take that is Copies of the proposed HCP and EAS and its implementing regulations (50 incidental to, and not the purpose of, also are available for public inspection CFR 17.22 and 17.32), and NEPA (42 carrying out an otherwise lawful during regular business hours at the U.S.C. 4371 et seq.) and its activity. Regulations governing Carlsbad Fish and Wildlife Office (see implementing regulations (40 CFR incidental take permits for threatened ADDRESSES). mstockstill on DSK4VPTVN1PROD with NOTICES 1506.6; 43 CFR part 46). and endangered species, respectively, FOR FURTHER INFORMATION CONTACT: Ms. are found in the Code of Federal Dated: February 8, 2016. Karen Goebel, Assistant Field Regulations at 50 CFR 17.22 and 50 CFR Lynn M. Lewis, Supervisor, Carlsbad Fish and Wildlife 17.32. Assistant Regional Director, Ecological Office (see ADDRESSES); telephone: 760– The applicant requests a 3-year permit Services, Midwest Region. 431–9440. If you use a under section 10(a)(1)(B) of the Act. If [FR Doc. 2016–03692 Filed 2–22–16; 8:45 am] telecommunications device for the deaf we approve the permit, the applicant BILLING CODE 4333–15–P (TDD), please call the Federal anticipates taking coastal California VerDate Sep<11>2014 17:06 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\23FEN1.SGM 23FEN1

8988 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices gnatcatcher (Polioptila californica development configuration was Public Comments californica) as a result of permanent considered; however, because of the If you wish to comment on the permit impacts to 2.92 acres (ac) of habitat the small size of the project site, further application, proposed HCP, and species uses for breeding, feeding, and avoidance of impacts to coastal associated documents, you may submit sheltering. The take would be incidental California gnatcatcher habitat could not comments by any of the methods noted to the applicant’s activities associated be achieved. The Applicant also in the ADDRESSES section. with the construction of the Cutri considered the No Action Alternative. residential project in the City of Santee, Under the No Action Alternative, no Public Availability of Comments California, and includes in-perpetuity incidental take of coastal California Before including your address, phone preservation and management of 7.0 ac gnatcatcher habitat would occur, and no number, email address, or other of coastal California gnatcatcher habitat. long-term protection and management personal identifying information in your The Cutri residential project proposes would be afforded to the species. comment, you should be aware that to construct a single-family residence on your entire comment—including your a 9.9-acre parcel in the City of Santee. Our Preliminary Determination personal identifying information—may The project will permanently impact The Service has made a preliminary be made publicly available at any time. 2.92 ac of coastal California gnatcatcher determination that approval of the While you may ask us in your comment occupied habitat as a result of clearing proposed HCP qualifies as a categorical to withhold your personal identifying and grading activities. exclusion under NEPA, as provided by information from public review, we To minimize take of coastal California the Department of the Interior Manual cannot guarantee that we will be able to gnatcatcher by the Cutri residential (516 DM 2 Appendix 1 and 516 DM 6 do so. development project and offset impacts Appendix 1) and as a ‘‘low-effect’’ plan to its habitat, the applicant proposes to as defined by the Habitat Conservation Authority mitigate for permanent impacts to 2.92 Planning Handbook (November 1996). We provide this notice under section ac of occupied coastal California We base our determination that a HCP 10 of the Act (16 U.S.C. 1531 et seq.) gnatcatcher habitat through the qualifies as a low-effect plan on the and NEPA regulations (40 CFR 1506.6).). dedication of 7.0 ac of coastal California following three criteria: gnatcatcher habitat within an on-site (1) Implementation of the HCP would G. Mendel Stewart, conservation easement and funding result in minor or negligible effects on Field Supervisor, Carlsbad Fish and Wildlife long-term management to benefit the federally listed, proposed, and Office, Carlsbad, California. species. The applicant’s proposed HCP candidate species and their habitats; [FR Doc. 2016–03717 Filed 2–22–16; 8:45 am] also contains the following proposed (2) Implementation of the HCP would BILLING CODE 4333–15–P measures to minimize the effects of result in minor or negligible effects on construction activities on the coastal other environmental values or California gnatcatcher: resources; and DEPARTMENT OF THE INTERIOR • Clearing of habitat will not take (3) Impacts of the HCP, considered place during the coastal California together with the impacts of other past, U.S. Geological Survey gnatcatcher breeding season (defined as present, and reasonably foreseeable [GX16EE000101000] February 15–August 31). In the event it similarly situated projects, would not is not feasible to clear outside of the result, over time, in cumulative effects Agency Information Collection breeding season, three pre-construction to environmental values or resources Activities: Request for Comments on surveys for nesting birds will be that would be considered significant. the National Spatial Data conducted within the week prior to Based upon this preliminary Infrastructure—Cooperative initiating grading activities to ensure determination, we do not intend to Agreements Program (NSDI CAP) construction activities do not occur prepare further NEPA documentation. We will consider public comments in AGENCY: U.S. Geological Survey (USGS), within 300 feet of an active nest. • A Service-approved biologist will making the final determination on Interior. conduct a training session for the whether to prepare such additional ACTION: Notice of a new information grading contractor and will be present documentation. collection, National Spatial Data on site during the initial clearing and Infrastructure—Cooperative Agreements Next Steps Program (NSDI CAP). grubbing activities to ensure that impacts are limited to the project We will evaluate the proposed HCP and comments we receive to determine SUMMARY: We (the U.S. Geological footprint. Survey) are notifying the public that we whether the permit application meets Proposed Action and Alternatives the requirements and issuance criteria have submitted to the Office of The Proposed Action consists of the under section 10(a) of the Act (16 U.S.C. Management and Budget (OMB) the issuance of an incidental take permit 1531 et seq.). We will also evaluate information collection request (ICR) and implementation of the proposed whether issuance of a section 10(a)(1)(B) described below. To comply with the HCP, which includes measures to avoid, incidental take permit would comply Paperwork Reduction Act of 1995 (PRA) minimize, and mitigate impacts to the with section 7 of the Act by conducting and as part of our continuing efforts to coastal California gnatcatcher. If we an intra-Service consultation. We will reduce paperwork and respondent approve the permit, take of coastal use the results of this consultation, in burden, we invite the general public and other Federal agencies to take this mstockstill on DSK4VPTVN1PROD with NOTICES California gnatcatcher would be combination with the above findings, in authorized for the applicant’s activities our final analysis to determine whether opportunity to comment on this ICR. associated with the construction of the or not to issue a permit. If the DATES: To ensure that your comments Cutri residential development project. requirements and issuance criteria on this ICR are considered, OMB must In the proposed HCP, the applicant under section 10(a) are met, we will receive them on or before March 24, considers alternatives to the taking of issue the permit to the applicant for 2016. coastal California gnatcatcher under the incidental take of coastal California ADDRESSES: Please submit written proposed action. Alternative gnatcatcher. comments on this information VerDate Sep<11>2014 17:06 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\23FEN1.SGM 23FEN1


Document Created: 2018-02-02 14:33:05
Document Modified: 2018-02-02 14:33:05
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.
DatesWritten comments should be received on or before March 24, 2016.
ContactMs. Karen Goebel, Assistant Field
FR Citation81 FR 8987 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR