83 FR 58782 - Habitat Conservation Plan for Seven Species in the Santa Clara River Watershed; Categorical Exclusion for Foothill Feeder Inspection and Maintenance Activities, Los Angeles County, California
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 225 (November 21, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 225 (November 21, 2018)
| Page Range | 58782-58783 | |
| FR Document | 2018-25397 |
[Federal Register Volume 83, Number 225 (Wednesday, November 21, 2018)] [Notices] [Pages 58782-58783] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25397] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-ES-2018-N141; FXES11140800000-189-FF08EVEN00] Habitat Conservation Plan for Seven Species in the Santa Clara River Watershed; Categorical Exclusion for Foothill Feeder Inspection and Maintenance Activities, Los Angeles 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 Metropolitan Water District of Southern California for an incidental take permit under the Endangered Species Act. The permit would authorize take of the federally endangered unarmored threespine stickleback, arroyo toad, the federally threatened California red-legged frog, and non-listed Santa Ana sucker, western spadefoot, two-striped garter snake, and western pond turtle incidental to otherwise lawful activities associated with the inspection and maintenance of the Foothill Feeder water conveyance pipeline in the draft habitat conservation plan prepared for the project. We invite public comment. DATES: Written comments should be received on or before December 21, 2018. ADDRESSES: To obtain documents: You may download a copy of the draft habitat conservation plan and draft low-effect screening form and environmental action statement at http://www.fws.gov/ventura/, or you may request copies of the documents by U.S. mail (below) or by phone (see FOR FURTHER INFORMATION CONTACT). To submit written comments: Please send us your written comments using one of the following methods:U.S. mail: Send your 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. Facsimile: Fax your comments to 805-644-3958. FOR FURTHER INFORMATION CONTACT: Chris Dellith, Fish and Wildlife Biologist, 805-677-3308 (phone), or at the Ventura address in ADDRESSES. SUPPLEMENTARY INFORMATION: We have received an application for an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act, as amended (ESA; 16 U.S.C. 1531 et seq.). The applicant has developed a draft habitat conservation plan (HCP) for the project that includes measures to mitigate and minimize impacts to seven covered species: the federally endangered unarmored threespine stickleback (Gasterosteus aculeatus williamsoni), a fish, and the arroyo toad (Anaxyrus californicus); the federally threatened California red-legged frog (Rana draytonii); and the non-listed Santa Ana sucker (Catostomus santaanae), a fish; western spadefoot (Spea hammondii), a toad; two-striped garter snake (Thamnophis hammondii); and western pond turtle (Emys marmorata). (The non-listed Santa Ana sucker (Catostomus santaanae) is federally listed as threatened outside of the area covered in the habitat conservation plan.) The permit would authorize take of any of these species incidental to otherwise lawful activities associated with the Foothill Feeder Inspection and Maintenance Activities HCP. We invite public comment on the application, the draft HCP, draft low-effect screening form, and environmental action statement. Background The unarmored threespine stickleback was listed by the Service as endangered on October 13, 1970 (35 FR 16047). The arroyo toad was listed by the Service as endangered on December 16, 1994 (59 FR 64859). The California red-legged frog was listed by the Service as threatened on May 23, 1996 (61 FR 25813). The Santa Ana sucker was listed by the Service as threatened, outside of the area covered by the draft HCP, on April 12, 2000 (65 FR 19686). The western spadefoot is currently under the Service's review for listing pursuant to the ESA (80 FR 37568). The two-striped garter snake is not federally listed, nor is it being considered for listing pursuant to the ESA at this time. The western pond turtle is currently under the Service's review for listing pursuant to the ESA (80 FR 19259). Section 9 of the ESA and its implementing regulations prohibit the take of fish or wildlife species listed as endangered or threatened. ``Take'' is defined under the ESA 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 ESA, we may issue permits to authorize incidental take of listed species. ``Incidental take'' is defined by the ESA 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 in the Code of Federal Regulations (CFR) at 50 CFR 17.32 and 17.22, respectively. Under the ESA, 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. The permittees would receive assurances under our ``No Surprises'' regulations ((50 CFR 17.22(b)(5) and 17.32(b)(5)) regarding conservation activities for the unarmored threespine stickleback, arroyo toad, California red-legged frog, Santa Ana sucker, western spadefoot, two-striped garter snake, and western pond turtle. Applicant's Proposed Activities The applicant has applied for a permit for incidental take of the unarmored threespine stickleback, arroyo toad, California red-legged frog, Santa Ana sucker, western spadefoot, two-striped garter snake, and western pond turtle. Take is likely to occur in association with activities necessary to inspect and maintain the Foothill Feeder water [[Page 58783]] conveyance pipeline. The covered area consists of approximately 22 river miles, within the Santa Clara River watershed, of cottonwood- willow, transitional riparian, alluvial sage scrub, oak woodland, upland scrub, and aquatic habitat, which provides suitable habitat for the unarmored threespine stickleback, arroyo toad, California red- legged frog, Santa Ana sucker, western spadefoot, two-striped garter snake, and western pond turtle. The covered area has no designated critical habitat for the covered species. The HCP includes measures to minimize take of the covered species in the form of injury and mortality. Mitigation for unavoidable take of the species consists of creating, restoring, and enhancing up to 40 acres of cottonwood-willow, transitional riparian, alluvial sage scrub, oak woodland, upland scrub, and aquatic habitat. Our Preliminary Determination The Service made a preliminary determination that issuance of the incidental take 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 NEPA (42 U.S.C. 4321 et seq.), nor will it individually or cumulatively have more than a negligible effect on the species covered in the HCP. The Service considers the effects of the taking of the covered species to be minor because project activities resulting in incidental take of the covered species would occur infrequently (approximately every 5 years over a period of several weeks), the applicant has proposed a series of measures to avoid and minimize impacts to the covered species, and the applicant has committed to creating, restoring, and enhancing up to 40 acres of occupied or otherwise suitable habitat for the covered species within the Santa Clara River watershed. Therefore, based on this preliminary determination, the permit qualifies for a categorical exclusion under NEPA. Public Comments If you wish to comment on the permit application, draft HCP, and associated documents, you may submit comments by one of the methods 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. Authority We provide this notice under section 10 of the ESA (16 U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6). Dated: November 13, 2018. Stephen P. Henry, Field Supervisor, Ventura Fish and Wildlife Office, Ventura, California. [FR Doc. 2018-25397 Filed 11-20-18; 8:45 am] BILLING CODE 4333-15-P
![58782 Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Notices
(5) An estimate of the total number of incidental to otherwise lawful activities Background
respondents and the amount of time associated with the inspection and The unarmored threespine stickleback
estimated for an average respondent to maintenance of the Foothill Feeder was listed by the Service as endangered
respond: The estimated total number of water conveyance pipeline in the draft on October 13, 1970 (35 FR 16047). The
respondents for the information habitat conservation plan prepared for arroyo toad was listed by the Service as
collection N–400 (paper) is 567,314 and the project. We invite public comment. endangered on December 16, 1994 (59
the estimated hour burden per response DATES: Written comments should be FR 64859). The California red-legged
is 12 hours; the estimated total number received on or before December 21, frog was listed by the Service as
of respondents for the information 2018. threatened on May 23, 1996 (61 FR
collection N–400 (electronic) is 214,186 25813). The Santa Ana sucker was listed
and the estimated hour burden per ADDRESSES:
To obtain documents: You may by the Service as threatened, outside of
response is 5 hours; and the estimated the area covered by the draft HCP, on
total number of respondents for the download a copy of the draft habitat
conservation plan and draft low-effect April 12, 2000 (65 FR 19686). The
information collection Biometrics is western spadefoot is currently under the
778,000 and the estimated hour burden screening form and environmental
action statement at http://www.fws.gov/ Service’s review for listing pursuant to
per response is 1.17 hours. the ESA (80 FR 37568). The two-striped
(6) An estimate of the total public ventura/, or you may request copies of
the documents by U.S. mail (below) or garter snake is not federally listed, nor
burden (in hours) associated with the is it being considered for listing
collection: The total estimated annual by phone (see FOR FURTHER INFORMATION
CONTACT). pursuant to the ESA at this time. The
hour burden associated with this western pond turtle is currently under
collection is 8,788,958.00 hours. To submit written comments: Please
send us your written comments using the Service’s review for listing pursuant
(7) An estimate of the total public to the ESA (80 FR 19259). Section 9 of
burden (in cost) associated with the one of the following methods:
• U.S. mail: Send your comments to the ESA and its implementing
collection: The estimated total annual regulations prohibit the take of fish or
cost burden associated with this Stephen P. Henry, Field Supervisor,
Ventura Fish and Wildlife Office, U.S. wildlife species listed as endangered or
collection of information is threatened. ‘‘Take’’ is defined under the
$346,768,927.50. Fish and Wildlife Service, 2493 Portola
Road, Suite B, Ventura, CA 93003. ESA to include the following activities:
Dated: November 15, 2018.
• Facsimile: Fax your comments to ‘‘[T]o harass, harm, pursue, hunt, shoot,
Samantha L Deshommes, 805–644–3958. wound, kill, trap, capture, or collect, or
Chief, Regulatory Coordination Division, to attempt to engage in any such
FOR FURTHER INFORMATION CONTACT: conduct’’ (16 U.S.C. 1532); however,
Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of Chris Dellith, Fish and Wildlife under section 10(a)(1)(B) of the ESA, we
Homeland Security. Biologist, 805–677–3308 (phone), or at may issue permits to authorize
[FR Doc. 2018–25345 Filed 11–20–18; 8:45 am] the Ventura address in ADDRESSES. incidental take of listed species.
BILLING CODE 9111–97–P SUPPLEMENTARY INFORMATION: We have ‘‘Incidental take’’ is defined by the ESA
received an application for an incidental as take that is incidental to, and not the
take permit (ITP) pursuant to section purpose of, carrying out of an otherwise
DEPARTMENT OF THE INTERIOR 10(a)(1)(B) of the Endangered Species lawful activity. Regulations governing
Act, as amended (ESA; 16 U.S.C. 1531 incidental take permits for threatened
Fish and Wildlife Service et seq.). The applicant has developed a and endangered species are in the Code
draft habitat conservation plan (HCP) for of Federal Regulations (CFR) at 50 CFR
[FWS–R8–ES–2018–N141; the project that includes measures to 17.32 and 17.22, respectively. Under the
FXES11140800000–189–FF08EVEN00] mitigate and minimize impacts to seven ESA, protections for federally listed
covered species: the federally plants differ from the protections
Habitat Conservation Plan for Seven
endangered unarmored threespine afforded to federally listed animals.
Species in the Santa Clara River
stickleback (Gasterosteus aculeatus Issuance of an incidental take permit
Watershed; Categorical Exclusion for
williamsoni), a fish, and the arroyo toad also must not jeopardize the existence of
Foothill Feeder Inspection and
(Anaxyrus californicus); the federally federally listed fish, wildlife, or plant
Maintenance Activities, Los Angeles
threatened California red-legged frog species. The permittees would receive
County, California
(Rana draytonii); and the non-listed assurances under our ‘‘No Surprises’’
AGENCY: Fish and Wildlife Service, Santa Ana sucker (Catostomus regulations ((50 CFR 17.22(b)(5) and
Interior. santaanae), a fish; western spadefoot 17.32(b)(5)) regarding conservation
ACTION: Notice of availability; request (Spea hammondii), a toad; two-striped activities for the unarmored threespine
for comments. garter snake (Thamnophis hammondii); stickleback, arroyo toad, California red-
and western pond turtle (Emys legged frog, Santa Ana sucker, western
SUMMARY: We, the U.S. Fish and marmorata). (The non-listed Santa Ana spadefoot, two-striped garter snake, and
Wildlife Service (Service), have received sucker (Catostomus santaanae) is western pond turtle.
an application from Metropolitan Water federally listed as threatened outside of
District of Southern California for an the area covered in the habitat Applicant’s Proposed Activities
incidental take permit under the conservation plan.) The permit would The applicant has applied for a permit
Endangered Species Act. The permit authorize take of any of these species for incidental take of the unarmored
khammond on DSK30JT082PROD with NOTICES
would authorize take of the federally incidental to otherwise lawful activities threespine stickleback, arroyo toad,
endangered unarmored threespine associated with the Foothill Feeder California red-legged frog, Santa Ana
stickleback, arroyo toad, the federally Inspection and Maintenance Activities sucker, western spadefoot, two-striped
threatened California red-legged frog, HCP. We invite public comment on the garter snake, and western pond turtle.
and non-listed Santa Ana sucker, application, the draft HCP, draft low- Take is likely to occur in association
western spadefoot, two-striped garter effect screening form, and with activities necessary to inspect and
snake, and western pond turtle environmental action statement. maintain the Foothill Feeder water
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![Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Notices 58783
conveyance pipeline. The covered area cannot guarantee that we will be able to Minnesota 55347. Please include your
consists of approximately 22 river miles, do so. name, return address, and the caption:
within the Santa Clara River watershed, ‘‘DEIS Comments, Little River Band
Authority
of cottonwood-willow, transitional Trust Acquisition and Casino Project,’’
riparian, alluvial sage scrub, oak We provide this notice under section on the first page of your written
woodland, upland scrub, and aquatic 10 of the ESA (16 U.S.C. 1531 et seq.) comments. See the SUPPLEMENTARY
habitat, which provides suitable habitat and NEPA regulations (40 CFR 1506.6). INFORMATION section of this notice for
for the unarmored threespine Dated: November 13, 2018. addresses where the DEIS is available
stickleback, arroyo toad, California red- Stephen P. Henry, for review.
legged frog, Santa Ana sucker, western Field Supervisor, Ventura Fish and Wildlife FOR FURTHER INFORMATION CONTACT: Mr.
spadefoot, two-striped garter snake, and Office, Ventura, California. Felix Kitto, Regional Environmental
western pond turtle. The covered area
[FR Doc. 2018–25397 Filed 11–20–18; 8:45 am] Protection Specialist, Division of
has no designated critical habitat for the
BILLING CODE 4333–15–P Environmental, Facilities, Safety and
covered species. The HCP includes
Cultural Resource Management
measures to minimize take of the
(DEFSCRM), Bureau of Indian Affairs,
covered species in the form of injury DEPARTMENT OF THE INTERIOR
and mortality. Mitigation for Midwest Region, Norman Pointe II
unavoidable take of the species consists Building, 5600 West American
Bureau of Indian Affairs Boulevard, Suite 500, Bloomington,
of creating, restoring, and enhancing up
to 40 acres of cottonwood-willow, [190A2100DD/AAKC001030/ Minnesota 55347; phone: (612) 725–
transitional riparian, alluvial sage scrub, A0A501010.999900 253G] 4597; email: felix.kitto@bia.gov.
oak woodland, upland scrub, and Information is also available online at
Draft Environmental Impact Statement www.littlerivereis.com.
aquatic habitat. for the Little River Band Trust
Our Preliminary Determination Acquisition and Casino Project, SUPPLEMENTARY INFORMATION: Public
Township of Fruitport, Muskegon review of the DEIS is part of the
The Service made a preliminary administrative process for the
determination that issuance of the County, Michigan
evaluation of the Tribe’s application to
incidental take permit is neither a major AGENCY: Bureau of Indian Affairs, the BIA for the Federal trust acquisition
Federal action that will significantly Interior. of approximately 60 acres in the
affect the quality of the human ACTION: Notice of availability. Township of Fruitport, Muskegon
environment within the meaning of
County, Michigan, upon which the
section 102(2)(C) of NEPA (42 U.S.C. SUMMARY: This notice advises the public Tribe proposes to develop a casino,
4321 et seq.), nor will it individually or that the Bureau of Indian Affairs (BIA) hotel, parking, and other supporting
cumulatively have more than a as lead agency, with the Township of facilities. A Notice of Intent was
negligible effect on the species covered Fruitport, County of Muskegon, Little published in the Federal Register on
in the HCP. The Service considers the River Band of Ottawa Indians (Tribe), September 21, 2015, as well as
effects of the taking of the covered Federal Highway Administration, and published in The Muskegon Chronicle.
species to be minor because project the U.S. Environmental Protection The BIA held a public scoping meeting
activities resulting in incidental take of Agency (EPA), serving as cooperating for the project on October 15, 2015, at
the covered species would occur agencies, intends to file a Draft Fruitport Middle School, 3113 East
infrequently (approximately every 5 Environmental Impact Statement (DEIS) Pontaluna Road, Fruitport, Michigan
years over a period of several weeks), with the EPA in connection with the 49415.
the applicant has proposed a series of Tribe’s application for transfer into trust
measures to avoid and minimize Background: The Tribe’s Proposed
by the United States of approximately
impacts to the covered species, and the Project consists of the following
60 acres for gaming and other purposes
applicant has committed to creating, components: (1) The transfer of an
to be located the Township of Fruitport,
restoring, and enhancing up to 40 acres approximately 60-acre property from fee
Muskegon County, Michigan. This
of occupied or otherwise suitable to trust status; (2) issuance of a
notice also announces that the DEIS is
habitat for the covered species within Secretarial Determination by the
now available for public review and that
the Santa Clara River watershed. Secretary of the Interior (Secretary)
a public hearing will be held to receive
Therefore, based on this preliminary under Section 20 of the Indian Gaming
comments on the DEIS.
determination, the permit qualifies for a Regulatory Act (IGRA) that gaming on
DATES: Written comments on the DEIS the project site would be in the best
categorical exclusion under NEPA. must arrive within 45 days after EPA interest of the Tribe and not detrimental
Public Comments publishes its Notice of Availability in to the surrounding community (25
If you wish to comment on the permit the Federal Register. The date and U.S.C. 2719 (b)(1)(A)); and (3)
application, draft HCP, and associated location of the public hearing on the development of the trust parcel and
documents, you may submit comments DEIS will be announced at least 15 days adjacent land owned by the Tribe,
by one of the methods in ADDRESSES. in advance through a notice to be totaling approximately 86.5 acres, with
Before including your address, phone published in local newspaper, The a variety of uses including a casino,
number, email address, or other Muskegon Chronicle, and online at hotel, conference center, parking, and
personal identifying information in your www.littlerivereis.com. other supporting facilities. The
khammond on DSK30JT082PROD with NOTICES
comment, you should be aware that ADDRESSES: You may mail or hand- proposed casino-hotel resort would
your entire comment, including your deliver written comments to Mr. include a hotel, a convention center,
personal identifying information, may Timothy LaPointe, Midwest Regional several restaurant facilities, and parking
be made publicly available at any time. Director, Bureau of Indian Affairs, facilities. Access to the project site
While you can ask us in your comment Midwest Region, Norman Pointe II would be provided via two driveways:
to withhold your personal identifying Building, 5600 West American One along Harvey Street and one along
information from public view, we Boulevard, Suite 500, Bloomington, East Ellis Road. Five service driveways,
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Document Created: 2018-11-21 03:11:55
Document Modified: 2018-11-21 03:11:55
| 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 December 21, 2018. | |
| Contact | Chris Dellith, Fish and Wildlife | |
| FR Citation | 83 FR 58782 |
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