81 FR 96471 - Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan and Associated Documents; City of Monterey Park, California
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 251 (December 30, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 251 (December 30, 2016)
| Page Range | 96471-96473 | |
| FR Document | 2016-31694 |
[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)] [Notices] [Pages 96471-96473] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31694] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-ES-2016-N230]; [FXES11140800000-178-FF08ECAR00] Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan and Associated Documents; City of Monterey Park, 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 Monterey Park Retail Partners, LLC (applicant) for a 5-year incidental take permit for the threatened coastal California gnatcatcher (Polioptila californica californica) 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 January 30, 2017. 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, 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, please call the Federal Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service (Service), have received an application from Monterey Park Retail Partners, LLC (applicant) for a 5-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 (Polioptila californica californica; gnatcatcher) in [[Page 96472]] the course of activities associated with the construction, operation, and maintenance of the Monterey Park Market Place project, in the City of Monterey Park, Los Angeles County, California. A conservation program to avoid, minimize, and mitigate for project activities would be implemented as described in the applicant's proposed habitat conservation plan (HCP). 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. Applicant's Proposed Project The applicant requests a 5-year permit under section 10(a)(1)(B) of the Act. If we approve the permit, the applicant anticipates taking gnatcatcher as a result of permanent impacts to 2.77 acres 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 Monterey Park Market Place project in the City of Monterey Park, California, and includes restoration and in-perpetuity preservation and management of 12 acres of gnatcatcher habitat. The Monterey Park Market Place project consists of the construction of a 62-acre commercial retail development in the City of Monterey Park. The project will permanently impact 2.77 acres of gnatcatcher- occupied habitat as a result of clearing and grading activities. Up to three gnatcatcher territories have been documented on the project site. To minimize take of gnatcatcher by the Monterey Park Market Place project and offset impacts to its habitat, the applicant proposes to mitigate for permanent impacts to 2.77 acres of occupied gnatcatcher habitat through the restoration, conservation, and in-perpetuity management of 12 acres of coastal sage scrub suitable for the gnatcatcher by a Service-approved restoration contractor and the Puente Hills Habitat Authority. The applicant's proposed HCP also contains the following proposed measures to minimize the effects of construction activities on the gnatcatcher: Grading limits will be delineated with construction fencing and silt fencing to ensure that impact limits do not extend beyond the allowed limits of development. A Service-approved biologist will monitor grading of the site and provide a letter summarizing compliance with the construction limits of the proposed project to the Service within one month of completion of grading. Vegetation clearing will take place outside of the bird nesting season (February l5 through August 31) to the fullest extent practicable. Clearing may only occur during this period once a Service- approved biologist has conducted at least three surveys of the impact areas for nesting birds, with each survey taking place one week apart and the last survey conducted within 24 hours prior to clearing. The Service-approved biologist will document compliance with the Migratory Bird Treaty Act (MBTA) and other applicable regulations that protect nesting birds. If an active bird nest is observed, an appropriate buffer (minimum of 300 feet for any active gnatcatcher nest) will be established wherein no project activities will occur until the nest is no longer active. 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 gnatcatcher. If we approve the permit, take of gnatcatcher would be authorized for the applicant's activities associated with the construction of the Monterey Park Market Place project. In the proposed HCP, the applicant considers alternatives to the taking of gnatcatcher under the proposed action. Alternative development configuration was considered; however, because of the small size and irregular shape of the project site, further avoidance of impacts to gnatcatcher habitat could not be achieved. The applicant also considered the No Action Alternative. Under the No Action Alternative, no incidental take of 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 the approval of the HCP and issuance of an incidental take permit qualify for categorical exclusion under NEPA (42 U.S.C. 4321 et seq.), as provided by the 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), and that the HCP qualifies as a ``low-effect'' plan as defined by the Habitat Conservation Planning Handbook (December 2016). We base our determination that an 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 [[Page 96473]] 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 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 ADDRESSES. 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). Karen A. Goebel, Acting Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, California. [FR Doc. 2016-31694 Filed 12-29-16; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices 96471
Guam Landholding Agency: Air Force ACTION:Notice of availability; request
Andersen AFB Property Number: 18201530002 for comments.
Andersen AFB Family Housing Status: Excess
Andersen GU Directions: Fac #80000818213 #2 Victoria St.; SUMMARY: We, the U.S. Fish and
Landholding Agency: Navy 80100818212 #3 Victoria St.; 80300818210 Wildlife Service (Service), have received
Property Number: 77201640013 #5 Victoria St.; 80300818209 #6 Victoria an application from Monterey Park
Status: Excess St.; 80400818208 #7 Victoria St. Retail Partners, LLC (applicant) for a 5-
Comments: Friable asbestos Comments: Documented deficiencies:
severely weather damaged; significant
year incidental take permit for the
Reasons: Contamination threatened coastal California
Andersen AFB Family Housing rodent infestation; clear threat of physical
Robert’s Terrace Housing Area safety gnatcatcher (Polioptila californica
Andersen GU Reasons: Extensive deterioration californica) pursuant to the Endangered
Landholding Agency: Navy Virgin Islands Species Act of 1973, as amended (Act).
Property Number: 77201640014 We are requesting comments on the
Cinnamon Bay Concession Cottage
Status: Excess
Cinnamon Bay Campground
permit application and on the
Directions: Some Capehart Housing along preliminary determination that the
on North Shore Road
Ponape Blvd. proposed Habitat Conservation Plan
St. John VI 00830
Comments: Friable asbestos qualifies as a ‘‘low-effect’’ habitat
Landholding Agency: Interior
Reasons: Contamination
Property Number: 61201640002 conservation plan, eligible for a
Missouri Status: Underutilized categorical exclusion under the National
Table Rock Lake Project Directions: #1–10 Environmental Policy Act (NEPA) of
TRL–45426 Comments: Property located within floodway 1969, as amended. The basis for this
Cape Fair Recreation Area Pit Toilet which has not been correct or contained; determination is discussed in the
Cape Fair MO 65624 documented deficiencies; foundation is
crumbling at the edges causing the
environmental action statement (EAS)
Landholding Agency: COE
Property Number: 31201640019 stuccoed walls to sink. and the associated low-effect screening
Status: Underutilized Reasons: Floodway; Extensive deterioration form, which are also available for public
Comments: Extensive deterioration; building review.
Unsuitable Properties
in disrepair due to cracks in the DATES: Written comments should be
foundation, walls & sidewalk. Land received on or before January 30, 2017.
Reasons: Extensive deterioration California ADDRESSES: Submitting Comments: You
01002 LONGBR–29279
Steam Plant may submit comments by one of the
Dwelling Frame W/Double Garage & Patio
30174 Visitor Center Road Naval Air Station North Island following methods:
Macon MO 63552 Coronado CA • U.S. Mail: Field Supervisor, Fish
Landholding Agency: COE Landholding Agency: Navy and Wildlife Service, Carlsbad Fish and
Property Number: 31201640020 Property Number: 77201640010 Wildlife Office, 2177 Salk Avenue, Suite
Status: Excess Status: Underutilized 250, Carlsbad, CA 92008.
Directions: 2.62 acres of land
Directions: Long Branch Project • Fax: Field Supervisor, 760–431–
Comments: Unsound foundation; black mold Comments: Public access denied and no
alternative method to gain access without 9624.
throughout; water damage on ceiling; Obtaining Documents: To request
fireplace collapsing. compromising national security.
Reasons: Secured Area copies of the application, proposed
Reasons: Extensive deterioration
Steam Plant Parking Area HCP, and EAS, contact the Service, by
Montana telephone at 760–431–9440 or by letter
Naval Air Station North Island
3 Buildings Coronado CA to the Carlsbad Fish and Wildlife Office
Tiber Dam Camp, N1/2, SW1/4, SE1/4 Landholding Agency: Navy (see ADDRESSES). Copies of the proposed
Chester MT 59522 Property Number: 77201640011 HCP and EAS also are available for
Landholding Agency: Interior Status: Underutilized public inspection during regular
Property Number: 61201640003 Directions: 1.1 acres of land
Status: Excess
business hours at the Carlsbad Fish and
Comments: Public access denied and no Wildlife Office (see ADDRESSES).
Directions: R008400200B, R008400400B, alternative method to gain access without
R008400300B compromising national security. FOR FURTHER INFORMATION CONTACT: Ms.
Comments: Rodent damaged and extensive Reasons: Secured Area Karen Goebel, Assistant Field
deterioration of wood; clear threat to Supervisor, Carlsbad Fish and Wildlife
[FR Doc. 2016–31334 Filed 12–29–16; 8:45 am]
physical safety Office (see ADDRESSES); telephone: 760–
Reasons: Extensive deterioration BILLING CODE 4210–67–P
431–9440. If you use a
Nebraska telecommunications device for the deaf,
543800B117 Cattle Poleshed please call the Federal Relay Service at
#73 RPUID:03.55111 DEPARTMENT OF THE INTERIOR 800–877–8339.
844 RD 313 SUPPLEMENTARY INFORMATION: We, the
Clay Center NE 68933 Fish and Wildlife Service
U.S. Fish and Wildlife Service (Service),
Landholding Agency: Agriculture [FWS–R8–ES–2016–N230];
Property Number: 15201640026 have received an application from
[FXES11140800000–178–FF08ECAR00] Monterey Park Retail Partners, LLC
Status: Excess
Directions: 19606 HRUSKA U.S. Meat Endangered and Threatened Wildlife (applicant) for a 5-year incidental take
permit for one covered species pursuant
srobinson on DSK5SPTVN1PROD with NOTICES
Animal Research Center and Plants; Incidental Take Permit
Comments: Not structurally sound.
Application; Proposed Low-Effect to section 10(a)(1)(B) of the Endangered
Reasons: Extensive deterioration Species Act of 1973, as amended (16
Habitat Conservation Plan and
Nevada Associated Documents; City of U.S.C. 1531 et seq., Act). The
FMA HSG 800–804 Monterey Park, California application addresses the potential
(&99011 Land Fee Pru) ‘‘take’’ of the threatened coastal
Tonopah AFS Z164—WZVS AGENCY: Fish and Wildlife Service, California gnatcatcher (Polioptila
Tonopah NV 89049 Interior. californica californica; gnatcatcher) in
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![Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices 96473
combination with the above findings, in DEPARTMENT OF THE INTERIOR ESA and our implementing regulations
our final analysis to determine whether in part 17 of title 50 of the Code of
or not to issue a permit. If the Fish and Wildlife Service Federal Regulations (CFR) provide for
requirements and issuance criteria [FWS–R3–ES–2016–N229; the issuance of such permits and require
under section 10(a) are met, we will FXES11130300000–178–FF03E00000] that we invite public comment before
issue the permit to the applicant for issuing permits for activities involving
incidental take of gnatcatcher. Endangered and Threatened Wildlife endangered species.
and Plants; Permit Applications A permit granted by us under section
Public Comments 10(a)(1)(A) of the ESA authorizes the
AGENCY: Fish and Wildlife Service,
permittee to conduct activities with U.S.
If you wish to comment on the permit Interior.
endangered or threatened species for
application, proposed HCP, and ACTION: Notice of availability; request scientific purposes, enhancement of
associated documents, you may submit for comments. propagation or survival, or interstate
comments by any of the methods noted commerce (the latter only in the event
in ADDRESSES. SUMMARY: We, the U.S. Fish and
Wildlife Service, invite the public to that it facilitates scientific purposes or
Public Availability of Comments comment on the following applications enhancement of propagation or
for a permit to conduct activities survival). Our regulations implementing
Before including your address, phone intended to enhance the survival of section 10(a)(1)(A) of the ESA for these
number, email address, or other endangered or threatened species. permits are found at 50 CFR 17.22 for
personal identifying information in your Federal law prohibits certain activities endangered wildlife species, 50 CFR
comment, you should be aware that with endangered species unless a permit 17.32 for threatened wildlife species, 50
your entire comment—including your is obtained. CFR 17.62 for endangered plant species,
personal identifying information—may DATES: We must receive any written
and 50 CFR 17.72 for threatened plant
be made publicly available at any time. comments on or before January 30, species.
While you may ask us in your comment 2017. Applications Available for Review and
to withhold your personal identifying Comment
ADDRESSES: Send written comments by
information from public review, we U.S. mail to the Regional Director, Attn:
cannot guarantee that we will be able to We invite local, State, Tribal, and
Carlita Payne, U.S. Fish and Wildlife Federal agencies and the public to
do so. Service, Ecological Services, 5600 comment on the following applications.
Authority American Blvd. West, Suite 990, Please refer to the permit number when
Bloomington, MN 55437–1458; or by you submit comments. Documents and
We provide this notice under section electronic mail to permitsR3ES@fws.gov. other information the applicants have
10 of the Act (16 U.S.C. 1531 et seq.) FOR FURTHER INFORMATION CONTACT: submitted with the applications are
and NEPA regulations (40 CFR 1506.6). Carlita Payne, (612) 713–5343. available for review, subject to the
Karen A. Goebel, SUPPLEMENTARY INFORMATION: requirements of the Privacy Act (5
U.S.C. 552a) and Freedom of
Acting Field Supervisor, Carlsbad Fish and Background Information Act (5 U.S.C. 552).
Wildlife Office, Carlsbad, California. The Endangered Species Act of 1973
[FR Doc. 2016–31694 Filed 12–29–16; 8:45 am] (ESA), as amended (16 U.S.C. 1531 et Permit Applications
BILLING CODE 4333–15–P seq.), prohibits certain activities with Proposed activities in the following
endangered and threatened species permit requests are for the recovery and
unless the activities are specifically enhancement of survival of the species
authorized by a Federal permit. The in the wild.
Application Permit
Applicant Species Location Activity Type of take
No. action
TE38793A ..... Kenneth Hine’s emerald dragonfly Alabama, Illinois, Indiana, Survey and monitor, habi- Capture and release, Renew.
Mierzwa. (Somatochlora hineana). Iowa, Michigan, Mis- tat assessment. exuviae collection, adult
souri, Ohio, Wisconsin. counts.
TE11170C ..... Ashleigh Indiana bat (Myotis Illinois ................................ Conduct presence/ab- Capture, handle, radio-tag, New.
Cable. sodalis), gray bat (M. sence surveys, docu- harp trap, release.
grisescens), northern ment habitat use, con-
long-eared bat (M. duct population moni-
septentrionalis). toring, evaluate impacts.
TE01311C ..... Shawn Indiana bat (Myotis Rangewide ........................ Conduct presence/ab- Capture, handle, mist-net, New.
McKinley. sodalis), gray bat (M. sence surveys, docu- harp trap, radio-tag,
grisescens), northern ment habitat use, con- band, release.
long-eared bat (M. duct population moni-
septentrionalis), Virginia toring, evaluate impacts.
big-eared bat (Plecotus
townsendii virginianus).
TE13571C ..... Jennifer Eastern massasauga rat- Michigan ........................... Survey and monitoring, Capture, handle, pit-tag, New.
Moore. tlesnake (Sistrurus habitat assessment, tissue collection, release.
srobinson on DSK5SPTVN1PROD with NOTICES
catenatus). population connectivity
assessment.
TE14588C ..... Dane Smith Indiana bat (Myotis Missouri ............................ Conduct presence/ab- Capture, handle, mist-net, New.
sodalis), gray bat (M. sence surveys, docu- radio-tag, band, tissue
grisescens), northern ment habitat use, con- collection, release.
long-eared bat (M. duct population moni-
septentrionalis). toring, evaluate impacts.
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Document Created: 2016-12-30 05:16:03
Document Modified: 2016-12-30 05:16:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability; request for comments. | |
| Dates | Written comments should be received on or before January 30, 2017. | |
| Contact | Ms. Karen Goebel, Assistant Field | |
| FR Citation | 81 FR 96471 |
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