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)
Fish and Wildlife Service
Federal Register Volume 82, Issue 156 (August 15, 2017)
| Page Range | 38701-38702 | |
| FR Document | 2017-17205 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Notices 38701
Permit application Applicant Species/numbers Location Activity Type of take Permit action
No.
TE 12169B–1 ..... Mitigation Manage- Amber darter (Percina antesella), Georgia ...................... Presence/absence Capture, identify, and Renewal and
ment, Atlanta, blue shiner (Cyprinella surveys. release. amendment.
GA. caerulea), Cherokee darter
(Etheostoma scotti),
Conasauga logperch (Percina
jenkinsi), Etowah darter
(Etheostoma etowahae),
goldline darter (Percina
aurolineata), and snail darter
(Percina tanasi)/Unlimited.
TE 34387C–0 ..... U.S. Fish and Wild- Oyster mussel (Epioblasma Tennessee and Vir- Captive condi- Collect, transport, New.
life Service, capsaeformis)/240 individuals. ginia. tioning and hold in captivity for
Blacksburg, VA. spawning re- 90 days, tag, and
search. release.
TE 34429C–0 ..... Nancy Buschhaus, Gray bat (Myotis grisescens), In- Tennessee ................. Presence/absence Capture with mist- New.
Univ. of Ten- diana bat (M. sodalis), and survey and pop- nets, collect fecal
nessee at Martin, northern long-eared bat (M. ulation demo- samples, and re-
Martin, TN. septentrionalis)/Unlimited. graphics study. lease.
Authority: We provide this notice under internet at http://www.fws.gov/ventura/, defined under the Act to include the
section 10(c) of the Act. or you may request copies of the following activities: ‘‘[T]o harass, harm,
Dated: June 1, 2017. documents by U.S. mail to our Ventura pursue, hunt, shoot, wound, kill, trap,
Guy Schein, office, or by phone (see FOR FURTHER capture, or collect, or to attempt to
Acting Assistant Regional Director, Ecological INFORMATION CONTACT). Please address engage in any such conduct’’ (16 U.S.C.
Services, Southeast Region. written comments to Stephen P. Henry, 1532); however, under section
[FR Doc. 2017–17208 Filed 8–14–17; 8:45 am] Field Supervisor, Ventura Fish and 10(a)(1)(B) of the Act, we may issue
BILLING CODE 4333–15–P
Wildlife Office, U.S. Fish and Wildlife permits to authorize incidental take of
Service, 2493 Portola Road, Suite B, listed species. ‘‘Incidental Take’’ is
Ventura, CA 93003. You may defined by the Act as take that is
DEPARTMENT OF THE INTERIOR alternatively send comments by incidental to, and not the purpose of,
facsimile to (805) 644–3958. carrying out of an otherwise lawful
Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: activity. Regulations governing
[FWS–R8–ES–2017–N091; Christopher Diel, Fish and Wildlife incidental take permits for threatened
FXES11130800000–178–FF08EVEN00] Biologist, at the above address or by and endangered species are,
calling (805) 644–1766. respectively, in the Code of Federal
Receipt of Application for Incidental SUPPLEMENTARY INFORMATION: We, the Regulations at 50 CFR 17.32 and 17.22.
Take Permit; Low-Effect Habitat U.S. Fish and Wildlife Service, have Under the Act, protections for federally
Conservation Plan for BAE Hollister received a request from BAE Systems listed plants differ from the protections
Test Facility, San Benito County, Land and Armaments L.P., for an afforded to federally listed animals.
California incidental take permit under the Issuance of an incidental take permit
Endangered Species Act of 1973, as also must not jeopardize the existence of
AGENCY: Fish and Wildlife Service, federally listed fish, wildlife, or plant
Interior. amended (16 U.S.C. 1531 et seq.; Act).
The applicant has agreed to follow all of species. All species included in the
ACTION: Notice of receipt of permit incidental take permit would receive
the conditions in the habitat
application; request for comments. assurances under our ‘‘No Surprises’’
conservation plan for the project. The
SUMMARY: We, the U.S. Fish and permit would authorize take of the regulations (50 CFR 17.22(b)(5) and
Wildlife Service, have received a federally endangered San Joaquin kit fox 17.32(b)(5)).
request from BAE Systems Land and (Vulpes macrotis mutica) and the The applicants have applied for a
Armaments L.P., for an incidental take threatened California red-legged frog permit for incidental take of the San
permit under the Endangered Species (Rana draytonii) and California tiger Joaquin kit fox, California red-legged
Act of 1973, as amended. The permit salamander (Ambystoma californiense), frog, and California tiger salamander.
would authorize take of the federally incidental to otherwise lawful activities The potential taking would occur by
endangered San Joaquin kit fox and the associated with the BAE Hollister Test activities associated with the soil
threatened California red-legged frog Facility Habitat Conservation Plan remediation activities at the BAE
and California tiger salamander, (HCP). We invite public comment on the Hollister Test Facility in suitable habitat
incidental to otherwise lawful soil application and related documents. for the covered species.
remediation activities associated with Background Preliminary Determination
the BAE Hollister Test Facility Habitat
Conservation Plan. We invite public The San Joaquin kit fox was listed by The Service has made a preliminary
comment. the Service as endangered on January determination that issuance of the
24, 1997. The California red-legged frog permit is neither a major Federal action
mstockstill on DSK30JT082PROD with NOTICES
DATES: Written comments should be and California tiger salamander were that will significantly affect the quality
received on or before September 14, listed by the Service as threatened on of the human environment within the
2017. May 23, 1996 and August 4, 2004, meaning of section 102(2)(C) of the
ADDRESSES: You may download a copy respectively. Section 9 of the Act and its National Environmental Policy Act (42
of the draft habitat conservation plan implementing regulations prohibit the U.S.C. 4321 et seq.; NEPA), nor will it
and draft low-effect screening form and ‘‘take’’ of fish or wildlife species listed individually or cumulatively have more
environmental action statement on the as endangered or threatened. ‘‘Take’’ is than a negligible effect on the species
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![38702 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Notices
covered in the HCP. Therefore, the ADDRESSES: Submit comments by either 1334, section 301(a) of the Federal Oil
permit qualifies for a categorical fax (202) 395–5806 or email (OIRA_ and Gas Royalty Management Act
exclusion under NEPA. Submission@omb.eop.gov) directly to (FOGRMA), 30 U.S.C. 1751(a), grants
the Office of Information and Regulatory authority to the Secretary to prescribe
Public Comments
Affairs, OMB, Attention: Desk Officer such rules and regulations as are
If you wish to comment on the permit for the Department of the Interior (1014– reasonably necessary to carry out
applications, plans, and associated 0022). Please provide a copy of your FOGRMA’s provisions. While the
documents, you may submit comments comments to BSEE by any of the means majority of FOGRMA is directed to
by any one of the methods in below. royalty collection and enforcement,
ADDRESSES. • Electronically go to http:// some provisions apply to offshore
www.regulations.gov. In the Search box, operations. For example, section 108 of
Public Availability of Comments
enter BSEE–2017–0002 then click FOGRMA, 30 U.S.C. 1718, grants the
Before including your address, phone search. Follow the instructions to Secretary broad authority to inspect
number, email address, or other submit public comments and view all lease sites for the purpose of
personal identifying information in your related materials. We will post all determining whether there is
comment, you should be aware that comments. compliance with the mineral leasing
your entire comment, including your • Email kye.mason@bsee.gov, fax laws. Section 109(c)(2) and (d)(1), 30
personal identifying information, may (703) 787–1546, or mail or hand-carry U.S.C. 1719(c)(2) and (d)(1), impose
be made publicly available at any time. comments to the Department of the substantial civil penalties for failure to
While you can ask us in your comment Interior; Bureau of Safety and permit lawful inspections and for
to withhold your personal identifying Environmental Enforcement; knowing or willful preparation or
information from public view, we Regulations and Standards Branch; submission of false, inaccurate, or
cannot guarantee that we will be able to ATTN: Nicole Mason; 45600 Woodland misleading reports, records, or other
do so. Road, Sterling, VA 20166. Please information. Because the Secretary has
reference ICR 1014–0022 in your delegated some of the authority under
Authority FOGRMA to BSEE, 30 U.S.C. 1751 is
comment and include your name and
We provide this notice under section return address. included as additional authority for
10 of the Act (16 U.S.C. 1531 et seq.) FOR FURTHER INFORMATION CONTACT: these requirements.
and NEPA regulations (40 CFR 1506.6). Nicole Mason, Regulations and The Independent Offices
Dated: August 9, 2017. Standards Branch, (703) 787–1607, to Appropriations Act (31 U.S.C. 9701), the
request additional information about Omnibus Appropriations Bill (Pub. L.
Stephen P. Henry,
this ICR. To see a copy of the entire ICR 104–133, 110 Stat. 1321, April 26,
Field Supervisor, Ventura Fish and Wildlife
submitted to OMB, go to http:// 1996), and OMB Circular A–25,
Office, Ventura, California.
authorize Federal agencies to recover
[FR Doc. 2017–17205 Filed 8–14–17; 8:45 am] www.reginfo.gov (select Information
the full cost of services that confer
BILLING CODE 4333–15–P Collection Review, Currently Under
special benefits. Under the Department
Review).
of the Interior’s implementing policy,
SUPPLEMENTARY INFORMATION: BSEE is required to charge fees for
DEPARTMENT OF THE INTERIOR Title: 30 CFR part 250, subpart A, Oil services that provide special benefits or
and Gas and Sulfur Operations in the privileges to an identifiable non-Federal
Bureau of Safety and Environmental OCS—General.
Enforcement recipient above and beyond those which
Form(s): BSEE–0132, BSEE–0143, accrue to the public at large. A request
[Docket ID BSEE–2017–0002; 17XE1700DX BSEE–1832. for approval required in 30 CFR 250.171
EEEE500000 EX1SF0000.DAQ000; OMB OMB Control Number: 1014–0022. is subject to cost recovery, and BSEE
Control Number 1014–0022] Abstract: The Outer Continental Shelf regulations specify service fees for these
(OCS) Lands Act at 43 U.S.C. 1334 requests in 30 CFR 250.125.
Agency Information Collection authorizes the Secretary of the Interior The Federal Water Pollution Control
Activities: Oil and Gas and Sulfur to prescribe rules and regulations Act (33 U.S.C. 1331(j)(1)(C)) authorizes
Operations in the OCS—General necessary for the administration of the the President to adopt regulations that
leasing provisions of that Act related to establish procedures, methods and
ACTION: Notice; request for comments. mineral resources on the OCS. Such equipment requirements to prevent oil
rules and regulations will apply to all spills and other hazardous substance
SUMMARY: To comply with the operations conducted under a lease, discharges from offshore and other
Paperwork Reduction Act of 1995 right-of-way, or a right-of-use and facilities. The regulatory authority for
(PRA), the Bureau of Safety and easement. Operations on the OCS must offshore facilities has been delegated to
Environmental Enforcement (BSEE) is preserve, protect, and develop oil and the Secretary and further delegated by
notifying the public that we have natural gas resources in a manner that the Secretary to BSEE. The regulations
submitted to OMB an information is consistent with the need to make such at 30 CFR part 250, subpart A, require
collection request (ICR) to renew resources available to meet the Nation’s compliance with all applicable BSEE
approval of the paperwork requirements energy needs as rapidly as possible; to regulations, including those intended to
in BSEE’s regulations concerning, Oil balance orderly energy resource prevent or reduce discharges of oil and
and Gas and Sulfur Operations in the development with protection of human, other hazardous substances. These
mstockstill on DSK30JT082PROD with NOTICES
OCS—General. This notice also marine, and coastal environments; to authorities and responsibilities are
provides the public a second ensure the public a fair and equitable among those delegated to BSEE. The
opportunity to comment on the revised return on the resources of the OCS; and regulations at 30 CFR part 250, subpart
paperwork burden of these regulatory to preserve and maintain free enterprise A, concern the general regulatory
requirements. competition. requirements of oil, gas, and sulfur
DATES:You must submit comments by In addition to the general rulemaking operations in the OCS (including the
September 14, 2017. authority of the OCSLA at 43 U.S.C. associated forms), and are the subject of
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Document Created: 2017-08-15 01:12:33
Document Modified: 2017-08-15 01:12:33
| 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 receipt of permit application; request for comments. | |
| Dates | Written comments should be received on or before September 14, 2017. | |
| Contact | Christopher Diel, Fish and Wildlife | |
| FR Citation | 82 FR 38701 |
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