SUPPLEMENTARY INFORMATION:

We, the U.S. Fish and Wildlife Service (Service), have received an application from Los Angeles County Sanitation Districts, the applicant, for a 7-year incidental take permit (ITP) for one covered species pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The application addresses the potential “take” of the threatened coastal California gnatcatcher (gnatcatcher; Polioptila californica californica) associated with the construction of the Joint Outfall J Unit 1E Trunk Sewer Rehabilitation project, in the City of Rancho Palos Verdes, Los Angeles County, California. We request public comment on the application, which includes the applicant's habitat conservation plan (HCP), and on the Service's preliminary determination that this proposed ITP qualifies as “low effect,” and may qualify for a categorical exclusion pursuant to the National Environmental Policy Act (42 U.S.C. 4321 et seq.), the Department of the Interior's (DOI) NEPA regulations (43 CFR 46), and the DOI Departmental Manual (516 DM 1 Appendix 2 section 8.5(C)(2)). To make this preliminary determination, we prepared a joint draft environmental action statement and low-effect screening form, which is also available for public review.

Background

The Service listed the coastal California gnatcatcher as threatened on March 30, 1993 (58 FR 16742) and published a revised final rule designating critical habitat on December 19, 2007 (72 FR 72010). Section 9 of the ESA prohibits take of fish and wildlife species listed as endangered (16 U.S.C. 1538). Under the ESA, “take” is defined 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). Section 4(d) of the ESA allows the Secretary to extend protections for endangered species to those listed as threatened. Under section 10(a)(1)(B) of the ESA (16 U.S.C. 1539(a)(1)(B)), we may issue permits to authorize take of listed fish and wildlife species that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Regulations governing incidental take permits for threatened species are in the Code of Federal Regulations (CFR) at 50 CFR 17.32. Issuance of an ITP also must not jeopardize the existence of federally listed fish, wildlife, or plant species, pursuant to section 7 of the ESA and 50 CFR 402.02. The permittee would receive assurances under our “No Surprises” regulations (50 CFR 17.32(b)(5)).

Applicant's Proposed Project

The proposed rehabilitation project site is between Maritime Road and Catalina Vista south of Palos Verdes Drive South in the City of Rancho Palos Verdes, Los Angeles County, California. The project alignment runs through a mix of actively landscaped golf course and native habitat dominated by coastal sage scrub vegetation set aside pursuant to the Ocean Trails Habitat Conservation Plan issued in 1996. The native habitat within the golf course, the preserve area adjacent to the golf course, and Shoreline Park have been conserved, in part, to protect the coastal California gnatcatcher. The proposed project will rehabilitate 9,362 feet of an existing underground sewer line to prevent leakage and will require access to the pipeline at several existing manholes. The applicant requests a 7-year ITP under section 10(a)(1)(B) of the ESA. If we approve the permit, the applicant anticipates taking gnatcatcher resulting from temporary impacts to 1.71 acres, including about 0.84 acre of native coastal sage scrub vegetation that this species uses for breeding, feeding, and sheltering. The take would be incidental to the applicant's activities associated with access for the rehabilitation project and associated habitat restoration activities.

The applicant's proposed HCP contains measures to minimize the effects of construction activities on the gnatcatcher. During construction, a biological monitor will be present to ensure avoidance and minimization measures are understood by the contractors and implemented as anticipated. To the extent practical, vegetation impacts will occur outside the breeding season to avoid active nests. Impacts to coastal sage scrub will be restored onsite where the impacts occurred, and the applicant will restore an additional 6 acres offsite within Shoreline Park and/or the San Ramon Reserve, also known as Switchbacks, in the City of Rancho Palos Verdes. The areas of native habitat to be temporarily impacted and potential offsite restoration areas are already subject to in-perpetuity habitat management by the Palos Verdes Peninsula Land Conservancy.

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. To comply with the requirements for an HCP under ESA section 10(a), alternatives to the project and the incidental take of gnatcatcher were evaluated. Under the No Action Alternative, the sewer line rehabilitation would not be conducted, and the pipeline would be susceptible to leakage with potential for extensive damage to habitat and inhabited property. Under ( printed page 45826) the Breeding Season Avoidance Alternative, the project would reduce potential for impacts to gnatcatchers by initiating work after the gnatcatcher breeding season, and the pipeline upgrades may not be completed until the following season rendering the pipelines susceptible to leakage with potential for extensive damage to habitat and inhabited property along with additional project costs.

Our Preliminary Determination

The Service has made a preliminary determination that our proposed issuance of an ESA section 10(a)(1)(B) ITP authorizing take of the federally threatened coastal California gnatcatcher resulting from the applicant's proposed project would individually and cumulatively have a minor effect on the coastal California gnatcatcher and the human environment and may qualify for application of a categorical exclusion pursuant to DOI's NEPA regulations and the DOI Departmental Manual.

Next Steps

The Service will evaluate the application and comments received to determine whether to issue the requested ITP. We will also conduct an intra-Service consultation pursuant to section 7 of the ESA to evaluate the effects of the proposed take. After considering the preceding and other matters, we will determine whether the permit issuance criteria of section 10(a)(1)(B) of the ESA have been met. If met, the Service will issue the permit to the applicant for incidental take of the gnatcatcher.

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 Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22 and 17.32) and the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing regulations (43 CFR 46).

91 FR 45824