83 FR 45134 - Endangered and Threatened Wildlife and Plants; Coachella Valley Association of Governments Incidental Take Permit Application for Casey's June Beetle and Proposed Low-Effect Habitat Conservation Plan; City of Palm Springs, Riverside County, California
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 172 (September 5, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 172 (September 5, 2018)
| Page Range | 45134-45136 | |
| FR Document | 2018-19187 |
[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)] [Notices] [Pages 45134-45136] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19187] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-ES-2018-N059; FXES1114080000-189-FF08ECAR00] Endangered and Threatened Wildlife and Plants; Coachella Valley Association of Governments Incidental Take Permit Application for Casey's June Beetle and Proposed Low-Effect Habitat Conservation Plan; City of Palm Springs, Riverside County, 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 the Coachella Valley Association of Governments (applicant) for a 30-year incidental take permit (permit) under the Endangered Species Act of 1973, as amended (ESA). The application addresses the potential for ``take'' of the federally endangered Casey's June beetle that is likely to occur incidental to the construction, maintenance, and use of a portion of the CV Link, which is a multi-modal pathway to be built in the City of Palm Springs, Riverside County, California. We invite comments from the public on the application package, which includes a low-effect habitat conservation plan. DATES: To ensure consideration, please send your written comments by October 5, 2018. ADDRESSES: Document availability: You may download a copy of the habitat conservation plan, draft environmental action statement and low-effect screening form, and related documents from the internet at https://www.fws.gov/carlsbad/HCPs/HCP_Docs.html, or you may request copies of the documents by U.S. mail from our Palm Springs office at the address below or by phone (see FOR FURTHER INFORMATION CONTACT). Comment submission: Please address written comments to Kennon A. Corey, Assistant Field Supervisor, Palm Springs Fish and Wildlife Office, U.S. Fish and Wildlife Service, 777 East Tahquitz Canyon Way, Suite 208, Palm Springs, CA 92262. You may alternatively send comments via electronic mail to fw8psfwocomments@fws.gov or by facsimile to (760) 322-4648. FOR FURTHER INFORMATION CONTACT: Jenness McBride, Supervisory Fish and Wildlife Biologist, (760) 322-2070. SUPPLEMENTARY INFORMATION: We have received an application from the Coachella Valley Association of Governments for a 30-year incidental take permit under the ESA. The application addresses the potential for ``take'' of the federally endangered Casey's June beetle (Dinacoma caseyi) likely to occur incidental to the construction, maintenance, and use of a portion of the proposed CV Link multi-modal pathway in the City of Palm Springs, Riverside County, California. We invite comments from the public on the application package, which includes a low-effect habitat conservation plan (HCP). We have preliminarily determined that this proposed action is eligible for a categorical exclusion under the National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.). The basis for this determination is discussed in our draft environmental action statement and associated low-effect screening form, which are also available for public review. Background The U.S. Fish and Wildlife Service (Service) added the Casey's June beetle to the List of Endangered and Threatened Wildlife as endangered on September 22, 2011 (76 FR 58954). Section 9 of the ESA (16 U.S.C. 1531 et seq.) and its implementing regulations in title 50 of the Code of Federal Regulations (CFR) prohibit the take of fish or wildlife species listed as endangered or threatened. ``Take'' is defined under the ESA to include the following activities: ``to 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 ESA, we may issue permits to authorize incidental take of listed species. ``Incidental taking'' is defined under the ESA implementing regulations as taking that is incidental to, and not the purpose of, carrying out an otherwise lawful activity (50 CFR 17.3). Regulations governing incidental [[Page 45135]] take permits for endangered and threatened species are provided at 50 CFR 17.22 and 17.32, respectively. In addition to meeting the issuance criteria under section 10(a)(1)(B) of the ESA, actions undertaken through implementation of the HCP must not jeopardize the continued existence of federally listed animal or plant species (16 U.S.C. 1536). If the permit is issued, the permittee will receive assurances under our ``No Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)). Applicant's Proposal The Coachella Valley Association of Governments (applicant) has submitted a low-effect HCP in support of its application for an incidental take permit to address take of the Casey's June beetle that is likely to occur as the result of direct impacts to approximately 1.78 acres of fragmented habitat occupied by the species. Take would be associated with the development of an approximately 2-mile portion of the CV Link, which is a 49-mile-long, paved, multi-modal pathway to be built through the Coachella Valley. Construction of the pathway will increase recreational opportunities for cyclists and pedestrians and provide an alternative transportation corridor for low-speed, neighborhood electric vehicles. This portion of the CV Link would involve widening and repaving existing sidewalks and paths adjacent to patches of habitat occupied by Casey's June beetle in Demuth Park and the nearby Tahquitz Creek Golf Course in the City of Palm Springs. The applicant is requesting a permit for take of Casey's June beetle that would result from activities covered under the HCP related to the CV Link pathway in this area. The applicant's conservation strategy, in part, proposes to mitigate the impacts to Casey's June beetle by dedicating a conservation easement on approximately 10.38 acres at the Tahquitz Creek Golf Course that would be restored from golf course landscaping to native habitat suitable for Casey's June beetle. A 30-year permit is requested to authorize take that would occur incidental to construction, maintenance, and use of this portion of the CV Link pathway as well as to cover potential short-term impacts within the conservation easement area as a result of habitat enhancement, restoration, and creation activities. The applicant proposes to avoid, minimize, and mitigate impacts to the Casey's June beetle associated with the covered activities by fully implementing the HCP. The following measures would be implemented: (1) No construction would occur during the Casey's June beetle flight season (March 1 to May 31); (2) lighting fixtures would be turned off or non-insect-attracting lights would be used during the flight season; (3) no electronic ``bug zappers'' would be used; (4) up to five educational kiosks would be installed along the pathway; (5) approximately 10.38 acres of contiguous and nearby mitigation sites pre-selected by the Service, in or adjacent to Palm Canyon Wash at the Tahquitz Creek Golf Course, would be preserved under conservation easement and managed to enhance, restore, and create Casey's June beetle habitat; (6) mitigation sites would be dedicated to future translocation of Casey's June beetles from other development sites or release of Casey's June beetles from a future Service program for controlled propagation of Casey's June beetles; and (7) mitigation sites would be monitored and managed by a qualified land management organization approved by the Service. The Coachella Valley Association of Governments would fund acquisition and initial restoration of the mitigation sites from its Active Transportation Program and would fund a non-wasting endowment in the amount of $160,075 for the long-term management of the mitigation sites. In the proposed HCP, the applicant considers a ``No Project'' alternative to the proposed action. Under the ``No Project'' alternative, a permit for the incidental take of Casey's June beetle would not be issued for the CV Link project and the proposed conservation strategy and subsequent habitat restoration would not occur to assist recovery actions for Casey's June beetle. The ``No Project'' alternative would not result in upgrading existing sidewalks and paths to CV Link standards at Demuth Park and Tahquitz Creek Golf Course and would not result in conservation for Casey's June beetle; therefore, the applicant did not propose to utilize the ``No Project'' alternative. Our Preliminary Determination The Service has made a preliminary determination that approval of the HCP and issuance of an incidental take permit qualify for categorical exclusion under NEPA, as provided by the Department of the Interior implementing regulations in 43 CFR 46.205, 46.210, and 46.215, and that the HCP qualifies as a ``low-effect'' plan as defined by the Revised Habitat Conservation Planning Handbook (December 2016). 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/or 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 those 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. However, based upon our review of public comments that we receive in response to this notice, this preliminary determination may be revised. 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 ESA. We will also evaluate whether issuance of a section 10(a)(1)(B) permit would comply with section 7(a)(2) of the ESA 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)(1)(B) are met, we will issue the permit to the applicant for incidental take of Casey's June beetle. 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. 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. [[Page 45136]] Authority We provide this notice under section 10 of the ESA (16 U.S.C. 1531 et seq.) and NEPA (42 U.S.C. 4321 et seq.). G. Mendel Stewart, Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, California. [FR Doc. 2018-19187 Filed 9-4-18; 8:45 am] BILLING CODE 4333-15-P
![45134 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices
term ‘‘ESF–4’’ in the Abstract section; electronic, mechanical, or other Comment submission: Please address
accordingly, the term ‘‘ESF–4’’ has been technological collection techniques or written comments to Kennon A. Corey,
removed from the Abstract section. The other forms of information technology, Assistant Field Supervisor, Palm
purpose of this notice is to notify the e.g., permitting electronic submission of Springs Fish and Wildlife Office, U.S.
public that FEMA will submit the responses. Fish and Wildlife Service, 777 East
information collection abstracted below Tahquitz Canyon Way, Suite 208, Palm
Rachel Frier,
to the Office of Management and Budget Springs, CA 92262. You may
for review and clearance. Records Management Branch Chief, Office alternatively send comments via
of the Chief Administrative Officer, Mission
Support, Federal Emergency Management
electronic mail to fw8psfwocomments@
Collection of Information
Agency, Department of Homeland Security. fws.gov or by facsimile to (760) 322–
Title: National Catastrophic Resource 4648.
[FR Doc. 2018–19143 Filed 9–4–18; 8:45 am]
Catalog. FOR FURTHER INFORMATION CONTACT:
Type of Information Collection: New BILLING CODE 9111–45–P
Jenness McBride, Supervisory Fish and
information collection.
Wildlife Biologist, (760) 322–2070.
OMB Number: 1660–NEW.
Form Titles and Numbers: FEMA DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: We have
Form 035–0–1, National Catastrophic received an application from the
Resource Catalog. Fish and Wildlife Service Coachella Valley Association of
Abstract: This information collection [FWS–R8–ES–2018–N059;
Governments for a 30-year incidental
will help USFA meet the firefighting FXES1114080000–189–FF08ECAR00] take permit under the ESA. The
resource requirements before/during a application addresses the potential for
national catastrophic disaster response, Endangered and Threatened Wildlife ‘‘take’’ of the federally endangered
such as an earthquake, hurricane, or and Plants; Coachella Valley Casey’s June beetle (Dinacoma caseyi)
terroristic act. USFA will pre-identify Association of Governments Incidental likely to occur incidental to the
those specialized resources that may be Take Permit Application for Casey’s construction, maintenance, and use of a
available to support a disaster response. June Beetle and Proposed Low-Effect portion of the proposed CV Link multi-
This collection will be solicited from Habitat Conservation Plan; City of modal pathway in the City of Palm
the nation’s fire and emergency services Palm Springs, Riverside County, Springs, Riverside County, California.
on a voluntary basis to establish a California We invite comments from the public on
catalog/database of potential resources the application package, which includes
AGENCY: Fish and Wildlife Service, a low-effect habitat conservation plan
that could be mobilized to support a Interior.
national catastrophic disaster response. (HCP). We have preliminarily
ACTION: Notice of availability; request determined that this proposed action is
Affected Public: Not-for-profit
institutions; State, Local or Tribal for comments. eligible for a categorical exclusion under
Governments. the National Environmental Policy Act
SUMMARY: We, the U.S. Fish and
Estimated Number of Respondents: of 1969 (NEPA), as amended (42 U.S.C.
Wildlife Service (Service), have received
3,947. 4321 et seq.). The basis for this
an application from the Coachella
Estimated Number of Responses: determination is discussed in our draft
Valley Association of Governments
3,947. environmental action statement and
(applicant) for a 30-year incidental take
Estimated Total Annual Burden associated low-effect screening form,
permit (permit) under the Endangered
Hours: 439. which are also available for public
Species Act of 1973, as amended (ESA).
Estimated Total Annual Respondent review.
The application addresses the potential
Cost: $23,728.94. Background
for ‘‘take’’ of the federally endangered
Estimated Respondents’ Operation
Casey’s June beetle that is likely to The U.S. Fish and Wildlife Service
and Maintenance Costs: $0.
occur incidental to the construction, (Service) added the Casey’s June beetle
Estimated Respondents’ Capital and
maintenance, and use of a portion of the to the List of Endangered and
Start-Up Costs: $0.
Estimated Total Annual Cost to the CV Link, which is a multi-modal Threatened Wildlife as endangered on
Federal Government: $85,824.49. pathway to be built in the City of Palm September 22, 2011 (76 FR 58954).
Springs, Riverside County, California. Section 9 of the ESA (16 U.S.C. 1531 et
Comments We invite comments from the public on seq.) and its implementing regulations
Comments may be submitted as the application package, which includes in title 50 of the Code of Federal
indicated in the ADDRESSES caption a low-effect habitat conservation plan. Regulations (CFR) prohibit the take of
above. Comments are solicited to (a) DATES: To ensure consideration, please fish or wildlife species listed as
evaluate whether the proposed data send your written comments by October endangered or threatened. ‘‘Take’’ is
collection is necessary for the proper 5, 2018. defined under the ESA to include the
performance of the agency, including ADDRESSES: following activities: ‘‘to harass, harm,
whether the information shall have Document availability: You may pursue, hunt, shoot, wound, kill, trap,
practical utility; (b) evaluate the download a copy of the habitat capture, or collect, or to attempt to
accuracy of the agency’s estimate of the conservation plan, draft environmental engage in any such conduct’’ (16 U.S.C.
burden of the proposed collection of action statement and low-effect 1532); however, under section
information, including the validity of screening form, and related documents 10(a)(1)(B) of the ESA, we may issue
daltland on DSKBBV9HB2PROD with NOTICES
the methodology and assumptions used; from the internet at https:// permits to authorize incidental take of
(c) enhance the quality, utility, and www.fws.gov/carlsbad/HCPs/HCP_ listed species. ‘‘Incidental taking’’ is
clarity of the information to be Docs.html, or you may request copies of defined under the ESA implementing
collected; and (d) minimize the burden the documents by U.S. mail from our regulations as taking that is incidental
of the collection of information on those Palm Springs office at the address below to, and not the purpose of, carrying out
who are to respond, including through or by phone (see FOR FURTHER an otherwise lawful activity (50 CFR
the use of appropriate automated, INFORMATION CONTACT). 17.3). Regulations governing incidental
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![45136 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices
Authority Ecological Services Field Office (see FOR criteria are met, we are authorized to
We provide this notice under section FURTHER INFORMATION CONTACT). issue permits under section 10(a)(1)(B)
10 of the ESA (16 U.S.C. 1531 et seq.) • In-Person: To view hard copies of of the ESA for take of federally listed
and NEPA (42 U.S.C. 4321 et seq.). the documents in person, go to the species, when, among other things, such
Ecological Services Office (8 a.m. to 4 a taking is incidental to, and not the
G. Mendel Stewart, p.m.) listed under FOR FURTHER purpose of, otherwise lawful activities.
Field Supervisor, Carlsbad Fish and Wildlife INFORMATION CONTACT. Under the ESA, the term ‘‘take’’ means
Office, Carlsbad, California. Comment submission: In your to harass, harm, pursue, hunt, shoot,
[FR Doc. 2018–19187 Filed 9–4–18; 8:45 am] comment, please specify whether your wound, kill, trap, capture, or collect
BILLING CODE 4333–15–P comment addresses the draft HCP, EAS, endangered and threatened species, or
or any combination of the to attempt to engage in any such
aforementioned documents, or other conduct. Our implementing regulations
DEPARTMENT OF THE INTERIOR supporting documents. You may submit define ‘‘harm’’ as significant habitat
written comments by one of the modification or degradation that results
Fish and Wildlife Service following methods: in death or injury to listed species by
[FWS–R3–ES–2018–N062; • Electronically: Submit by email to significantly impairing essential
FXES11140300000 FF03E00000] EastLansing@fws.gov. behavioral patterns, including breeding,
• By hard copy: Submit by U.S. mail feeding, or sheltering (50 CFR 17.3).
Habitat Conservation Plan for or hand-delivery to U.S. Fish and Harass, as defined, means ‘‘an
Mitchell’s Satyr and Poweshiek Wildlife Service; Michigan Ecological intentional or negligent act or omission
Skipperling Butterflies; Categorical Services Field Office, 2651 Coolidge which creates the likelihood of injury to
Exclusion for Indiana and Michigan Rd., Ste. 101, East Lansing, Michigan wildlife by annoying it to such an extent
Habitat Restoration and Management 48823. as to significantly disrupt normal
Activities FOR FURTHER INFORMATION CONTACT:
behavioral patterns which include, but
Carrie Tansy, Michigan Ecological are not limited to, breeding, feeding, or
AGENCY: Fish and Wildlife Service, sheltering’’ (50 CFR 17.3). However,
Interior. Services Field Office, 2651 Coolidge
Rd., Ste. 101, East Lansing, Michigan under specified circumstances, the
ACTION: Notice of availability; request Service may issue permits that allow the
for comments. 48823; telephone (517–351–8375), or by
take of federally listed species, provided
facsimile (517–351–1443). If you use a
SUMMARY: We, the U.S. Fish and that the take that occurs is incidental to,
telecommunications device for the deaf
Wildlife Service (Service), have received but not the purpose of, an otherwise
(TDD), please call the Federal
applications from the Michigan lawful activity.
Information Relay Service at 800–877– Regulations governing permits for
Department of Natural Resources 8339. If you use a telecommunications endangered and threatened species are
(MDNR) and the Indiana Department of device for the deaf (TDD), please call the at 50 CFR 17.22 and 17.32, respectively.
Natural Resources (IDNR) for incidental Federal Information Relay Service at Section 10(a)(1)(B) of the ESA contains
take permits (ITP) under the Endangered 800–877– 8339. provisions for issuing such incidental
Species Act. If approved, the permits SUPPLEMENTARY INFORMATION: We have take permits to non-Federal entities for
would authorize the incidental take of received applications from the Michigan the take of endangered and threatened
two federally endangered butterflies, the Department of Natural Resources species, provided the following criteria
Mitchell’s satyr and the Poweshiek (MDNR) and the Indiana Department of are met: (1) The taking will be
skipperling. The MDNR is applying for Natural Resources (IDNR) for 20-year incidental; (2) The applicant will, to the
an ITP for take of the Mitchell’s satyr incidental take permits (ITP) under the maximum extent practicable, minimize
and Poweshiek skipperling, while the ESA. The MDNR is applying for an ITP and mitigate the impact of such taking;
IDNR is applying for an ITP for the for take of the endangered Mitchell’s (3) The applicant will develop a
Mitchell’s satyr only. The ITP satyr (Neonympha mitchellii mitchellii) proposed HCP and ensure that adequate
applications include one habitat and Poweshiek skipperling (Oarisma funding for the HCP will be provided;
conservation plan to cover activities poweshiek) butterflies. The State of (4) The taking will not appreciably
associated with maintaining, managing, Indiana is applying for an ITP for the reduce the likelihood of the survival
and restoring the fen habitats occupied Mitchell’s satyr only. The applications and recovery of the species in the wild;
by these species. We have made a address the potential for ‘‘take’’ of the and (5) The applicant will carry out any
preliminary determination that the HCP federally endangered butterflies that is other measures that the Service may
and permit applications are eligible for likely to occur incidental to the require as being necessary or
categorical exclusion under the National implementation of habitat management appropriate for the purposes of the HCP.
Environmental Policy Act of 1969 activities designed to benefit the In addition to meeting other specific
(NEPA). We are accepting comments on species. We are requesting comments on criteria, actions undertaken through
the applicants’ draft HCP, and our low- the proposed HCP and our preliminary implementation of the Habitat
effect screening form and environmental determination that the plan qualifies as Conservation Plan (HCP) must not
action statement. eligible for a categorical exclusion under jeopardize the continued existence of
DATES: To ensure consideration, please the National Environmental Policy Act. federally listed animal or plant species.
send your written comments on or
before October 5, 2018. Background Applicants’ Proposal
daltland on DSKBBV9HB2PROD with NOTICES
ADDRESSES: Document Availability: We listed the Mitchell’s satyr as The MDNR and IDNR (hereafter, the
• Internet: You may obtain copies of endangered on June 25, 1991 (56 FR applicants) have submitted an HCP in
the documents on the internet at https:// 28825), and the Poweshiek skipperling support of their applications for ITPs to
www.fws.gov/midwest/endangered/ as endangered on October 24, 2014 (79 address take of the Mitchell’s satyr and
permits/hcp/r3hcps.html. FR 63672). Section 9 of the ESA Poweshiek skipperling. Covered
• U.S. Mail: You can obtain the prohibits the ‘‘taking’’ of endangered activities include actions necessary to
documents by mail from the Michigan species. However, provided certain maintain, manage, and restore fen
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Document Created: 2018-09-05 01:59:23
Document Modified: 2018-09-05 01:59:23
| 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 | To ensure consideration, please send your written comments by October 5, 2018. | |
| Contact | Jenness McBride, Supervisory Fish and Wildlife Biologist, (760) 322-2070. | |
| FR Citation | 83 FR 45134 |
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