[Federal Register Volume 63, Number 51 (Tuesday, March 17, 1998)]
[Notices]
[Pages 13062-13063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6806]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of a Habitat Conservation Plan and Receipt of an 
Application for an Incidental Take Permit for the Newhall Land and 
Farming Project on the Santa Clara River, California

AGENCY: Fish and Wildlife Service.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: Newhall Land and Farming Company, Incorporated (Newhall), has 
applied to the Fish and Wildlife Service for a 50-year incidental take 
permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 
1973, as amended. Newhall's project involves water diversions and low 
water crossings on the Santa Clara River between Castaic Creek in Los 
Angeles County and Rancho Camulos in Ventura County, California. The 
Service proposes to issue an incidental take permit and provide 
assurances for the endangered unarmored threespine stickleback 
(Gasterosteus aculeatus williamsoni), the threatened California red-
legged frog (Rana aurora draytonii), and should they be listed, for the 
Santa Ana sucker (Catostomus santaanae), a candidate for listing under 
the Endangered Species Act, and the following unlisted species of 
concern: arroyo chub (Gila orcutti), southwestern pond turtle (Clemmys 
marmorata pallida), and two-striped garter snake (Thamnophis 
hammondii). This notice opens the comment period on the permit 
application package, which includes the Habitat Conservation Plan for 
the Newhall Land and Farming Company's Crossings of the Santa Clara 
River (Newhall Plan).
    The Service has determined that the Newhall Plan qualifies as a low 
effect plan as defined by the Service's Habitat Conservation Planning 
handbook (November 1996). The Service has further determined that 
approval of the Newhall Plan qualifies as a categorical exclusion under 
the National Environmental Policy Act, as provided by the Department of 
the Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). 
This determination is explained in an Environmental Action Statement, 
available for public review.
    Comments are requested on the Newhall Plan and the Service's 
Environmental Action Statement. In particular, the Service requests 
comments on the appropriateness of the ``No Surprises'' assurance 
discussed under the ``Unforeseen Events'' section of the Plan. 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 should be received on or before April 16, 1998.

ADDRESSES: Comments should be addressed to Diane K. Noda, Field 
Supervisor, Ventura Fish and Wildlife Office, 2493 Portola Road, Suite 
B, Ventura, California 93003. Written comments may also be sent by 
facsimile to (805) 644-3958.

FOR FURTHER INFORMATION CONTACT: Kirk Waln, Fish and Wildlife 
Biologist, at the above address (805-644-1766).

SUPPLEMENTARY INFORMATION:

Availability of Documents

    Individuals wishing copies of the documents should immediately 
contact the Service's Ventura Fish and Wildlife Office at the above 
referenced address, or by telephone at (805) 644-1766. Documents will 
also be available for public inspection, by appointment, during normal 
business hours at the above address.

Background Information

    Newhall proposes to continue installation of six summertime 
crossings of the Santa Clara River and four temporary diversions of 
river water to supply irrigation needs. The crossings and diversions 
are an integral part of Newhall's agricultural operations; the 
crossings provide access to fields south of the river that are largely 
inaccessible by other means, and the diversions supply water for 
irrigation of row crops. Each year, in the spring, the crossings and 
diversions are installed in the same locations in the reach of the 
Santa Clara River from approximately Castaic Creek in Los Angeles 
County to Rancho Camulos in Ventura County. In the fall, the crossings 
and diversions are removed prior to flood events. The proposed action 
would result in the temporary disturbance of 14 acres of bank and river 
channel. The banks in the footprint of the crossings proper are devoid 
of vegetation due to many years of road installation and use. At the 
crossings and diversions, the active river channel is also largely 
devoid of vegetation because, in many years, the

[[Page 13063]]

active river channel is cleared of vegetation by scouring that occurs 
during flood events. In years with minimal rainfall, emergent 
vegetation that develops upstream of the crossings following their 
installation may persist until the next flood event.
    The affected reach of the river supports populations of the 
endangered unarmored threespine stickleback and the following unlisted 
species of concern: the Santa Ana sucker, arroyo chub, southwestern 
pond turtle, and two-striped garter snake. Although not observed in 
recent years, the threatened California red-legged frog may occur in 
the affected reach.
    Pursuant to section 9 of the Endangered Species Act, listed species 
are protected against take; that is, no one may harass, harm, pursue, 
hunt, shoot, wound, kill, trap, capture or collect the species, or 
attempt to engage in such conduct (16 USC 1538). The Service, however, 
may issue permits to take listed animal species if such taking is 
incidental to, and not the purpose of, otherwise lawful activities. 
Regulations governing permits for endangered and threatened species are 
promulgated at 50 CFR 17.22 and 17.32.
    The Service proposes to issue an incidental take permit to the 
applicant for the take of unarmored threespine sticklebacks and 
California red-legged frogs. The proposed permit would be effective 
upon issuance for species currently listed under the Endangered Species 
Act. Should the unlisted species covered by the Plan be federally 
listed as threatened or endangered during the term of the permit, take 
authorization for them would become effective concurrent with their 
listing under the Endangered Species Act. In addition, the applicant 
seeks Federal assurances that no additional land restrictions or 
financial compensation would be required for species adequately covered 
by the Newhall Plan. To receive assurances, all species covered by the 
Plan must be treated as if they are listed and the Plan, with its 
avoidance, minimization and management measures, must be implemented.
    The proposed Federal action would authorize the incidental take, 
through harassment, of all unarmored threespine sticklebacks and 
California red-legged frogs within the individual crossing and 
diversion sites. Similarly, all Santa Ana suckers, arroyo chubs, 
southwestern pond turtles, and two-striped garter snakes would be 
harassed during their removal from harm's way prior to installation and 
removal of the river crossings and diversions. The Service anticipates 
that limited numbers of individuals of listed species and species of 
concern would be killed or injured during installation or removal of 
the crossings and diversions. Such incidental take, in the form of 
injury or mortality, would be authorized through the incidental take 
permit.
    To minimize the effects of the proposed project, the proponent 
would implement a take avoidance plan during installation and removal 
of the crossings and diversions. The take avoidance plan includes: 
preconstruction surveys of the various sites by qualified biologists 
prior to installation activities; installation of blocking nets to 
isolate the work area; visual searches and seining of the work area; 
and removal from harm's way of individual fish and wildlife that are 
encountered.
    The Service has determined that the Newhall Plan qualifies as a 
``low-effect'' Plan as defined by the Fish and Wildlife Service's 
Habitat Conservation Planning Handbook (November 1996). Low-effect 
Plans are those involving (1) minor or negligible effects on federally 
listed and candidate species and their habitats, and (2) minor or 
negligible effects on other environmental values or resources. The 
Newhall Plan qualifies as a low-effect Plan for the following reasons:
    1. The effects of the plan are minor or negligible on federally 
listed, proposed, or candidate species and their habitats. The effects 
of Newhall's actions on the Santa Clara River are minor in comparison 
to natural river processes (e.g., low flows and high flows). The 
installation, presence, and removal of the river crossings appear not 
to negatively affect the federally listed, candidate, and species of 
concern that inhabit the affected reaches. By slowing the flow of 
water, the crossings create habitat conditions favorable to many 
species native to the project area.
    2. The effects of the project are minor or negligible on other 
environmental resources. Relative to vehicle traffic on Highway 126, 
which lies along the northern margin of the river's floodplain, the 
contribution of Newhall's farming activities to air pollution is 
negligible. The limited pulses of elevated turbidity that occur through 
installation and removal of Newhall's river crossings do not greatly 
affect water quality and soil. Within the footprint of the river 
crossings, there are no known cultural resources; considering the 
natural disturbance which occurs during flood flows and the historic 
use of the crossing areas, the presence of cultural resources is 
extremely unlikely.
    3. No significant cumulative effects are expected to occur as a 
result of project implementation. There currently are no other low-
effect habitat conservation plans in preparation or foreseeable for the 
Santa Clara River. The effect of this action on natural resources is 
very limited and would contribute little to the cumulative effects of 
other projects if they did arise.
    In addition, none of the exceptions to categorical exclusions (from 
516 DM 2.3, Appendix 2) apply to the Newhall Plan. The Service 
therefore has determined that approval of the Newhall Plan qualifies as 
a categorical exclusion under the National Environmental Policy Act, as 
provided by the Department of the Interior Manual (516 DM 2, Appendix 1 
and 516 DM 6, Appendix 1). Therefore, no further National Environmental 
Policy Act documentation will be prepared.
    This notice is provided pursuant to section 10(c) of the Endangered 
Species Act. The Service will evaluate the permit application, the 
Newhall Plan, and comments submitted thereon to determine whether the 
application meets the requirements of section 10(a) of the Endangered 
Species Act. If it is determined that the requirements are met, a 
permit will be issued. The final permit decision will be made no sooner 
than 30 days from the date of this notice.

    Dated: March 11, 1998.
Thomas Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 98-6806 Filed 3-16-98; 8:45 am]
BILLING CODE 4310-55-P