[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Notices]
[Pages 19117-19118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07665]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2014-N055; FXES11120000-145-FF08ECAR00]


Endangered and Threatened Wildlife and Plants; Incidental Take 
Permit Application; Proposed Low-Effect Habitat Conservation Plan and 
Associated Documents; San Bernardino County, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from City of Rialto (applicant), for a 3-year 
incidental take permit (permit); the application includes the 
applicant's proposed habitat conservation plan (HCP), as required by 
the Endangered Species Act of 1973, as amended (Act). If approved, the 
permit would authorize incidental take of the endangered Delhi Sands 
flower-loving fly in the course of routine activities associated with 
the construction activities associated with the widening of San 
Bernardino Avenue, Riverside Avenue, and Willow Avenue. We invite 
public comment on the permit application and proposed HCP, and on our 
preliminary determination that the HCP qualifies as ``low-effect'' for 
a categorical exclusion under the National Environmental Policy Act. To 
make this determination, we used our environmental action statement and 
low-effect screening form, which are also available for review.

DATES: To ensure consideration, please send your written comments by 
May 7, 2014.

ADDRESSES: Obtaining Documents: You may request a copy of the 
incidental take permit application, proposed HCP, and associated 
documents by email, telephone, fax, or U.S. mail (see below). These 
documents are also available for public inspection by appointment 
during normal business hours at the office below. Please send your 
requests or comments by any one of the following methods, and specify 
``San Bernardino Avenue, Riverside Avenue, and Willow Avenue Street 
Improvements HCP'' in your request or comment.
    Submitting Comments: You may submit comments or requests for more 
information by any of the following methods:
    Email: [email protected]. Include ``San Bernardino Avenue, 
Riverside Avenue, and Willow Avenue Street Improvements HCP'' in the 
subject line of your message.
    Telephone: Kennon A. Corey, Palm Springs Fish and Wildlife Office, 
760-322-2070.
    Fax: Kennon A. Corey, Palm Springs Fish and Wildlife Office, 760-
322-4648, Attn.: San Bernardino Avenue, Riverside Avenue, and Willow 
Avenue Street Improvements HCP.
    U.S. Mail: Kennon A. Corey, Palm Springs Fish and Wildlife Office, 
Attn.: San Bernardino Avenue, Riverside Avenue, and Willow Avenue 
Street Improvements HCP, U.S. Fish and Wildlife Service, 777 East 
Tahquitz Canyon Way, Suite 208, Palm Springs, CA 92262.
    In-Person Viewing or Pickup of Documents, or Delivery of Comments: 
Call 760-322-2070 to make an appointment during regular business hours 
at the above address.

FOR FURTHER INFORMATION CONTACT: Kennon A. Corey, Assistant Field 
Supervisor, Palm Springs Fish and Wildlife Office; telephone 760-332-
2070. If you use a telecommunications device for the deaf (TDD), please 
call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Introduction

    The applicant, City of Rialto, requests an incidental take permit 
under section 10(a)(1)(B) of the Act. If we approve the permit, the 
applicant anticipates taking Delhi Sands flower-loving fly 
(Rhaphiomidas terminatus abdominalis) as a result of minor disturbances 
to habitat the species uses for breeding, feeding, and sheltering. Take 
of Delhi Sands flower-loving fly would be incidental to the applicant's 
routine activities associated with the construction activities 
associated with the widening of San Bernardino Avenue, Riverside 
Avenue, and Willow Avenue, in the City of Rialto, San Bernardino 
County, California. We published a final rule to list Delhi Sands 
flower-loving fly as endangered on September 23, 1993 (58 FR 49881). 
The rule became effective September 22, 1993. A 5-year review of the 
species was published in March 2008.

Background

    Section 9 of the Act (16 U.S.C. 1531 et seq.) and our implementing 
Federal regulations in the Code of Federal Regulations (CFR) at 50 CFR 
17 prohibit the ``take'' of wildlife species listed as endangered or 
threatened. Take of listed wildlife is defined under the Act as ``to 
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or 
collect listed species, or to attempt to engage in any such conduct'' 
(16 U.S.C. 1538). ``Harm'' includes significant habitat modification or 
degradation that actually kills or injures listed wildlife by 
significantly impairing essential behavioral patterns such as breeding, 
feeding, or sheltering (50 CFR 17.3). Under limited circumstances, we 
may issue permits to authorize incidental take of listed wildlife 
species, which the Act defines as take that is incidental to, and not 
the purpose of, the carrying out of otherwise lawful activities.
    Regulations governing incidental take permits for threatened and 
endangered species are at 50 CFR 17.32 and 17.22, respectively. In 
addition to meeting other criteria, activities covered by an incidental 
take permit must not jeopardize the continued existence in the wild of 
federally listed wildlife or plants.

Applicant's Proposal

    The applicant requests a 3-year permit under section 10(a)(1)(B) of 
the Act. If we approve the permit, the applicant anticipates taking 
Delhi Sands flower-loving fly (Rhaphiomidas terminatus abdominalis) as 
a result of street improvements which will permanently and temporarily 
impact 0.74 acre (ac) (0.30 hectare (ha)) of habitat the species uses 
for breeding, feeding, and sheltering. The take would be incidental to 
the applicant's routine construction activities associated with the 
widening of San Bernardino Avenue, Riverside Avenue, and Willow Avenue, 
in the City of Rialto, San Bernardino County, California.
    A portion of the street widening project is on Delhi Sands soils. 
This soil type, which consists of fine wind-blown sand deposits, along 
with sparse native shrubs and annual plants defines the Delhi Sands 
flower-loving fly habitat. Less than 5 percent of the species' historic 
range is left, found in a few disjunct locations in southwestern San 
Bernardino and northwestern Riverside Counties. Development and 
exclusion by invasive plant species continue to be

[[Page 19118]]

threats to this species. Conservation banks, like the Colton Dunes 
Conservation Bank, are this species' best chance at recovery.
    To minimize take of Delhi Sands flower-loving fly at the City of 
Rialto's street widening project, the applicant proposes to mitigate 
for the permanent and temporary take of 0.74 ac (0.30 ha) of habitat by 
preserving 1ac (0.40 ha) of habitat occupied by Delhi Sands flower-
loving fly. The applicant's proposed HCP also contains the following 
proposed measures to minimize the impact to the habitat adjacent to the 
street improvements:
     Fence work areas to keep workers off of habitat.
     Post signs to educate the public about the Delhi Sands 
flower-loving fly along the work area.
     Require environmental awareness training for all workers.
     Confine construction activities to existing roads or other 
paved areas.
     Require that all construction activities be completed 
during the time period October through June only (i.e., outside of the 
Delhi Sands flower-loving fly flight season).

Proposed Habitat Conservation Plan Alternatives

    In the proposed HCP, the applicant considers alternatives to the 
taking of Delhi Sands flower-loving fly under the proposed action. Our 
proposed action is to issue an incidental take permit to the applicant, 
who would implement the HCP. If we approve the permit, take of Delhi 
Sands flower-loving fly would be authorized for the applicant's routine 
construction activities associated with the widening of San Bernardino 
Avenue, Riverside Avenue, and Willow Avenue, in the City of Rialto. The 
applicant's proposed HCP does identify a no-build alternative that 
would not result in incidental take of Delhi Sands flower-loving fly, 
but it is infeasible for the City of Rialto to accept this alternative 
as it would result in roadway congestion and insufficient storm drain 
capacity due to future planned development.

Our Preliminary Determination

    We invite comments on our preliminary determination that our 
proposed action, based on the applicant's proposed activities, 
including the proposed minimization and mitigation measures, would have 
a minor or negligible effect on Delhi Sands flower-loving fly, and that 
the HCP qualifies as ``low effect'' as defined by our Habitat 
Conservation Planning Handbook (November 1996).
    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 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 the impacts 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.
    As more fully explained in our environmental action statement and 
associated low-effect screening form, the applicant's proposed HCP 
qualifies as a low-effect HCP for the following reasons:
     The project is small in size and does not jeopardize the 
continued existence of the Delhi Sands flower-loving fly.
     The applicant will mitigate impacts to the Delhi Sands 
flower-loving fly by purchasing 1 ac of occupied Delhi Sands flower-
loving fly habitat within the Colton Dunes Conservation Bank prior to 
ground disturbance.
     This project provides a net gain in preserved occupied 
habitat.
    Therefore, our proposed issuance of the requested incidental take 
permit qualifies as a categorical exclusion under the National 
Environmental Policy Act (NEPA), as provided by the Department of the 
Interior Manual (516 DM 2 Appendix 1, 516 DM 6 Appendix 1, and 516 DM 
8.5(C)(2)). Based on our review of public comments we receive in 
response to this notice, we may revise this preliminary determination.

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 Act (16 U.S.C. 1531 et 
seq.). We will also evaluate whether issuance of a section 10(a)(1)(B) 
incidental take permit would comply with section 7 of the Act 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) are met, we will 
issue the permit to the applicant for incidental take of Delhi Sands 
flower-loving fly.

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 the ADDRESSES section.

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 Act (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

Scott A. Sobiech,
Acting Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2014-07665 Filed 4-4-14; 8:45 am]
BILLING CODE 4510-55-P