[Federal Register Volume 62, Number 95 (Friday, May 16, 1997)]
[Notices]
[Pages 27062-27064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12854]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for the Kern Water Bank 
Natural Community Conservation Plan/Habitat Conservation Plan, Kern 
County, California

AGENCY: Fish and Wildlife Service.

ACTION: Notice of availability.

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SUMMARY: This notice advises the public that the Kern Water Bank 
Authority (Authority) has applied to the Fish and Wildlife Service for 
two 75-year incidental take permits pursuant to Section 10(a)(1)(B) of 
the Endangered Species Act of 1973, as amended (Act), relating to the 
Kern Water Bank's 19,900 acres of land in Kern County, California. The 
application has been assigned permit number PRT-828086. One permit, the 
Project Permit, is to allow the incidental take by the Authority for 
the operation of the proposed project on the Kern Water Bank. The 
second permit, the Master Permit, is to allow third parties in 
designated areas of the southern San Joaquin Valley, California, to 
acquire credits in the conservation bank to be established by the 
Authority with the prior approval of the Service and to become included 
parties under the Master Permit. In certain circumstances, the 
Authority also may be able to use conservation credits on its own 
behalf for other projects and thereby rely on the incidental take 
authority of the Master Permit.
    The proposed incidental take covered by the Project Permit would 
occur due to habitat loss resulting from the Authority's proposed 
project to use the Kern Water Bank to acquire and bank water when 
available, to utilize the banked water for agricultural and other 
purposes, to engage in farming activities and to create a conservation 
bank (collectively, the Project). The proposed incidental take covered 
by the Master Permit would occur due to habitat loss resulting from 
projects of third persons, and other projects of the Authority in Kern 
County, the Allensworth area of Tulare County, and the Kettleman Hills 
area of Kings County.
    The Authority requests coverage of 17 listed species (5 plant, 12 
animal) and an additional 28 unlisted species (10 plant, 18 animal) 
that may be found on the Kern Water Bank and are currently sufficiently 
rare that they may become listed at some time in the near future. The 
Authority further requests coverage of an additional 116 species (29 
plant,

[[Page 27063]]

87 animal) which the Authority believes may become rare over the life 
of the Permits and which may conceivably come to colonize the Kern 
Water Bank, but for which the impact of the Project should be 
negligible or beneficial. The Natural Community Conservation Plan/
Habitat Conservation Plan (Plan) proposes to conserve all 161 species 
according to standards required for listed species under the Act. 
Unlisted covered species would be named on the permits with delayed 
effective dates. Barring unforeseen circumstances, incidental take of 
the unlisted covered species would be authorized upon their listing 
under the Act. The draft Implementing Agreement contains a No Surprises 
assurance, whereby no additional mitigation or compensation will be 
required of the permittee, except under extraordinary circumstances. 
Concurrently with the proposed issuance of the Federal permits, the 
California Department of Fish and Game proposes to issue management 
authorizations for the 161 species under Sections 2081 and 2835 of the 
California Endangered Species Act.
    The Fish and Wildlife Service also announces the availability of an 
Environmental Assessment for the incidental take permit application, 
which includes the proposed Plan fully describing the proposed project 
and mitigation, and the accompanying Implementing Agreement. In 
addition, the application package includes a draft Conservation Bank 
Agreement, and a draft Security Agreement. This Notice is provided 
pursuant to Section 10(a) of the Act and National Environmental Policy 
Act regulations (40 CFR 1506.6).
    Comments are specifically requested on the appropriateness of the 
No Surprises assurance contained in this application, specifically 
outlined in section 5 of the Implementation Agreement as it applies to 
the Authority's permit and the Master permit. All comments received, 
including names and addresses, will become part of the Administrative 
Record and may be made available to the public.

DATES: Written comments on the permit application, Environmental 
Assessment and Implementing Agreement should be received on or before 
June 30, 1997.

ADDRESSES: Comments regarding the application or adequacy of the 
Environmental Assessment and Implementing Agreement should be addressed 
to the Fish and Wildlife Service, Sacramento Field Office, 3310 El 
Camino Avenue, Suite 130, Sacramento, California 95821-6340. Please 
refer to permit number PRT-828086 when submitting comments. The 
documents will available for public inspection, by appointment, during 
normal business hours at the above address. Individuals wishing copies 
of the application, Environmental Assessment, Implementing Agreement, 
Conservation Bank Agreement or Security Agreement for review should 
immediately contact Mr. Kenneth Bonesteel, Project Manager, Kern Water 
Bank Authority, 33141 E. Lerdo Highway, P.O. Box 80607, Bakersfield, 
California 93380-0607, telephone (805) 399-8735; fax (805) 399-9751.

FOR FURTHER INFORMATION CONTACT: Mr. Peter A. Cross, San Joaquin Valley 
Branch Chief, Sacramento Field Office, telephone (916) 979-2710; fax 
(916) 979-2723.

SUPPLEMENTARY INFORMATION: The ``take'' of threatened and endangered 
species is prohibited under Section 9 of the Act and its implementing 
regulations. ``Take'' is defined, in part, as killing, harming, or 
harassing listed species, including significant habitat modification 
that results in death of or injury to listed species. Under limited 
circumstances, the Service may issue permits to take listed species if 
such taking is incidental to otherwise lawful activities. Regulations 
governing permits are found at Title 50, Code of Federal Regulations, 
sections 17.22 and 17.32. The proposed Master and Project Permits for 
Kern Water Bank would authorize the incidental take of 17 species: San 
Joaquin kit fox (Vulpes macrotis mutica), Tipton kangaroo rat 
(Dipodomys nitratoides nitratoides), blunt-nosed leopard lizard 
(Gambelia silus), giant kangaroo rat (Dipodomys ingens), American 
peregrine falcon (Falco peregrinus anatum), valley elderberry longhorn 
beetle (Desmocerus californicus dimorphus), giant garter snake 
(Thamnophis gigas), Aleutian Canada goose (Branta canadensis 
leucopareia), vernal pool fairy shrimp (Branchinecta lynchi), 
conservancy fairy shrimp (Branchinecta conservatio), vernal pool 
tadpole shrimp (Lepidurus packardi), longhorn fairy shrimp 
(Branchinecta longiantenna), San Joaquin woolly-threads (Lembertia 
congdonii), Hoover's woolly-star (Eriastrum hooveri), California jewel 
flower (Caulanthus californicus), Kern mallow (Eremalche parryi 
kernensis), and Bakersfield cactus (Opuntia basilaris var. treleasei).

Background

    The Plan documents a plan to accomplish both water conservation and 
environmental objectives. The primary water conservation objective is 
the storage of water in aquifers during times of surplus for later 
recovery during times of shortage. The primary environmental objective 
is to set aside large areas of the Kern Water Bank for threatened and 
endangered species and to implement a program to protect and enhance 
the habitat.
    The basic objectives of the proposed Plan for the Kern Water Bank 
project are to (1) allow the economical development of water recharge 
and recovery facilities, (2) preserve compatible upland habitat and 
other sensitive areas of natural habitat and rare plants, (3) conserve 
species listed as threatened or endangered pursuant to Federal and 
State environmental laws (listed species), (4) recreate intermittent 
wetland/rangeland habitat, (5) provide a conservation bank for third 
parties, and (6) permit farming.
    Of the 19,900 acres that constitute the Kern Water Bank property, 
5,900 acres are proposed for basins for routine recharge activities and 
481 acres will be used for permanent water banking facilities. Between 
the basins will be areas that will never be flooded. Some of these 
areas have existing populations of listed plants. These plants will be 
preserved in special areas totaling 960 acres. Other areas between 
basins, totaling 5,592 acres, will revert to habitat. Additionally, 530 
acres will be preserved and managed for mitigation of previous 
Department of Water Resources projects. Of the remaining land, 3,170 
acres will be used for farming and 3,267 acres will be used as a 
conservation bank (to be used as potential mitigation for activities by 
third parties within designated areas of the Southern San Joaquin 
Valley). Of the 3,267 acres in the conservation bank, the Authority may 
use up to 490 acres for commercial development.
    The Project incorporates mitigation and compensation for impacts to 
wildlife habitat and other natural resources resulting from 
implementation of the Project. Approximately 10,349 acres, or over 52 
percent, of the Project area will be set aside and limited to uses that 
are compatible with the habitat values of the property. These lands 
will be protected and managed for their wildlife habitat values 
throughout the life of the Project. Certain lands will be protected 
from development in perpetuity upon the approval of the Project. Other 
lands will be protected in perpetuity upon the use of conservation 
credits established by the Project.
    The Master Permit will allow the incidental take of listed species 
by third persons, and in certain circumstances the Authority, for 
activities in specified

[[Page 27064]]

areas of Kern County, the Allensworth area of Tulare County, and the 
Kettleman Hills area of Kings County, California. Third persons will 
have to enter into an agreement with the Fish and Wildlife Service 
which sets out that person's mitigation obligations, including the 
number of off-site acres the person must acquire in order to obtain 
incidental take authority. Once the Authority sells the conservation 
credits to the third person, the Fish and Wildlife Service will issue a 
certificate of inclusion to that person establishing that the person 
has the authority to commit the incidental take of listed species 
pursuant to the Master Permit. The purpose of the Master Permit is to 
encourage the use of the conservation bank (thereby insuring protection 
in perpetuity of bank lands) and to streamline the Fish and Wildlife 
Service's permitting process for projects with minor impacts.
    The Implementing Agreement contains a section which implements the 
Service's ``No Surprises'' Policy. Under this section, the Fish and 
Wildlife Service may not require additional mitigation or compensation, 
including commitments of additional land or financial compensation, 
from the Authority unless the Fish and Wildlife Service makes a finding 
of ``extraordinary circumstances,'' defined as a significant and 
substantial adverse change in the population of a species covered by 
the Plan. If the Fish and Wildlife Service makes a finding of 
extraordinary circumstances which warrants requiring additional 
mitigation or compensation, the additional mitigation or compensation 
the Fish and Wildlife Service may require is limited to modifying the 
management of the Kern Water Bank, excluding that portion of the bank 
used for recharge basins and that portion used for farming. If 
additional land or financial compensation is needed, the primary 
responsibility to provide this compensation rests with the Federal 
government.
    In compliance with National Environmental Policy Act, the 
Environmental Assessment examines the environmental impacts of issuing 
the proposed Incidental Take Permits and the effects of implementing 
the proposed Plan and alternative plans. Although a number of 
alternative conservation configurations and mechanisms were considered, 
the Environmental Assessment analyzes four alternatives in detail. The 
Environmental Assessment considers (1) the proposed action, (2) the 
proposed action excluding the Master Permit, (3) the proposed action, 
but reducing the amount of acreage that could be covered by recharge 
basins to 3,258 acres, and (4) a no permit alternative.
    This notice is provided pursuant to section 10(a) of the Endangered 
Species Act and the National Environmental Policy Act of 1969 
regulations (40 CFR 1506.6). The Fish and Wildlife Service will 
evaluate the application, associated documents, and comments submitted 
thereon to determine whether the application meets the requirements of 
the National Environmental Policy Act regulations and section 10(a) of 
the Endangered Species Act. If it is determined that the requirements 
are met, a permit will be issued for the incidental take of the listed 
species. The final permit decision will be made no sooner than 45 days 
from the date of this notice.

    Dated: May 8, 1997.
Don Weathers,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-12854 Filed 5-15-97; 8:45 am]
BILLING CODE 4310-55-P