82 FR 38701 - Receipt of Application for Incidental Take Permit; Low-Effect Habitat Conservation Plan for BAE Hollister Test Facility, San Benito County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 156 (August 15, 2017)

We, the U.S. Fish and Wildlife Service, have received a request from BAE Systems Land and Armaments L.P., for an incidental take permit under the Endangered Species Act of 1973, as amended. The permit would authorize take of the federally endangered San Joaquin kit fox and the threatened California red-legged frog and California tiger salamander, incidental to otherwise lawful soil remediation activities associated with the BAE Hollister Test Facility Habitat Conservation Plan. We invite public comment.

[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Notices]
[Pages 38701-38702]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17205]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2017-N091; FXES11130800000-178-FF08EVEN00]


Receipt of Application for Incidental Take Permit; Low-Effect 
Habitat Conservation Plan for BAE Hollister Test Facility, San Benito 
County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of receipt of permit application; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service, have received a 
request from BAE Systems Land and Armaments L.P., for an incidental 
take permit under the Endangered Species Act of 1973, as amended. The 
permit would authorize take of the federally endangered San Joaquin kit 
fox and the threatened California red-legged frog and California tiger 
salamander, incidental to otherwise lawful soil remediation activities 
associated with the BAE Hollister Test Facility Habitat Conservation 
Plan. We invite public comment.

DATES: Written comments should be received on or before September 14, 
2017.

ADDRESSES: You may download a copy of the draft habitat conservation 
plan and draft low-effect screening form and environmental action 
statement on the internet at http://www.fws.gov/ventura/, or you may 
request copies of the documents by U.S. mail to our Ventura office, or 
by phone (see FOR FURTHER INFORMATION CONTACT). Please address written 
comments to Stephen P. Henry, Field Supervisor, Ventura Fish and 
Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola Road, 
Suite B, Ventura, CA 93003. You may alternatively send comments by 
facsimile to (805) 644-3958.

FOR FURTHER INFORMATION CONTACT: Christopher Diel, Fish and Wildlife 
Biologist, at the above address or by calling (805) 644-1766.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service, have 
received a request from BAE Systems Land and Armaments L.P., for an 
incidental take permit under the Endangered Species Act of 1973, as 
amended (16 U.S.C. 1531 et seq.; Act). The applicant has agreed to 
follow all of the conditions in the habitat conservation plan for the 
project. The permit would authorize take of the federally endangered 
San Joaquin kit fox (Vulpes macrotis mutica) and the threatened 
California red-legged frog (Rana draytonii) and California tiger 
salamander (Ambystoma californiense), incidental to otherwise lawful 
activities associated with the BAE Hollister Test Facility Habitat 
Conservation Plan (HCP). We invite public comment on the application 
and related documents.

Background

    The San Joaquin kit fox was listed by the Service as endangered on 
January 24, 1997. The California red-legged frog and California tiger 
salamander were listed by the Service as threatened on May 23, 1996 and 
August 4, 2004, respectively. Section 9 of the Act and its implementing 
regulations prohibit the ``take'' of fish or wildlife species listed as 
endangered or threatened. ``Take'' is defined under the Act to include 
the following activities: ``[T]o harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect, or to attempt to engage in any 
such conduct'' (16 U.S.C. 1532); however, under section 10(a)(1)(B) of 
the Act, we 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 of an otherwise 
lawful activity. Regulations governing incidental take permits for 
threatened and endangered species are, respectively, in the Code of 
Federal Regulations at 50 CFR 17.32 and 17.22. Under the Act, 
protections for federally listed plants differ from the protections 
afforded to federally listed animals. Issuance of an incidental take 
permit also must not jeopardize the existence of federally listed fish, 
wildlife, or plant species. All species included in the incidental take 
permit would receive assurances under our ``No Surprises'' regulations 
(50 CFR 17.22(b)(5) and 17.32(b)(5)).
    The applicants have applied for a permit for incidental take of the 
San Joaquin kit fox, California red-legged frog, and California tiger 
salamander. The potential taking would occur by activities associated 
with the soil remediation activities at the BAE Hollister Test Facility 
in suitable habitat for the covered species.

Preliminary Determination

    The Service has made a preliminary determination that issuance of 
the permit is neither a major Federal action that will significantly 
affect the quality of the human environment within the meaning of 
section 102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4321 et seq.; NEPA), nor will it individually or cumulatively have more 
than a negligible effect on the species

[[Page 38702]]

covered in the HCP. Therefore, the permit qualifies for a categorical 
exclusion under NEPA.

Public Comments

    If you wish to comment on the permit applications, plans, and 
associated documents, you may submit comments by any one of the methods 
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 can 
ask us in your comment to withhold your personal identifying 
information from public view, we cannot guarantee that we will be able 
to do so.

Authority

    We provide this notice under section 10 of the Act (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

    Dated: August 9, 2017.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2017-17205 Filed 8-14-17; 8:45 am]
 BILLING CODE 4333-15-P