[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Notices]
[Pages 41052-41053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17209]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2014-N141; FXES11120000-156-FF08ECAR00]


Endangered and Threatened Wildlife and Plants; Incidental Take 
Permit Application; Proposed Diversified Pacific Low-Effect Habitat 
Conservation Plan and Associated Documents, City of Redlands, San 
Bernardino County, California

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 Diversified Pacific (Applicant), for a 5-
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 San Bernardino 
Merriam's kangaroo rat in the course of routine construction activities 
associated with the development of residential houses in the City of 
Redlands. We invite public comment on the permit application and the 
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 
August 13, 2015.

ADDRESSES: 
    Obtaining Documents: You may request a copy of the incidental take 
permit application, draft EA, and proposed HCP 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 ``Diversified Pacific Low-Effect 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 ``Diversified Pacific 
Low-Effect HCP'' in the subject line of your message.
    Telephone: Karin Cleary-Rose, Palm Springs Fish and Wildlife 
Office, 760-322-2070 extension 206.
    Fax: Karin Cleary-Rose, Palm Springs Fish and Wildlife Office, 760-
322-4648, Attn.: Diversified Pacific Low-Effect HCP.
    U.S. Mail: Karin Cleary-Rose, Palm Springs Fish and Wildlife 
Office, Attn.: Diversified Pacific Low-Effect 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: Karin Cleary-Rose, Inland Division 
Chief, Palm Springs Fish and Wildlife Office; telephone 760-332-2070 
extension 206. 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, Diversified Pacific, requests an incidental take 
permit under section 10(a)(1)(B) of the Act. If we approve the permit, 
the Applicant anticipates taking San Bernardino Merriam's kangaroo rat 
(Dipodomys merriami parvus; SBKR) as a result of permanent impacts to 
habitat that the species uses for breeding, feeding, and sheltering. 
Take of SBKR would be incidental to the Applicant's activities 
associated with the construction of residential houses in the City of 
Redlands, San Bernardino County, California. We published a final rule 
to list SBKR as endangered on September 24, 1998 (63 FR 51005). The 
rule became effective September 24, 1998. Final designation of Critical 
Habitat was published on April 23, 2002 (67 FR 19812). A 5-year review 
of the species was published on May 21, 2010 (75 FR 28636).

Background

    Section 9 of the Act and our implementing Federal regulations in 
the Code of Federal Regulations (CFR) at 50 CFR part 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 5-year permit under section 10(a)(1)(B) of 
the Act. If we approve the permit, the Applicant anticipates taking 
SBKR as a result of the construction activities which will permanently 
impact 7.7 acres (ac) (3.12 hectares (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 
development of residential houses. The site is located southwest and 
southeast of the intersection of Pioneer Avenue and Judson Street in 
the City of Redlands, San Bernardino County, California. The proposed 
project site is surrounded by residential development and a mix of 
active and abandoned citrus orchards. An active municipal airport is 
located approximately 0.25 mile northeast of the project site.
    Based upon focused surveys (2003, 2010, 2013, and 2015), 7.7 ac 
(3.12 ha) of the project site are occupied by SBKR. The Service has 
determined that the proposed development would result in incidental 
take of SBKR. No other federally listed species are known to occupy the 
project site.
    To mitigate take of SBKR at the project site, the Applicant 
proposes one of two mitigation options.
    Option A:
    [ssquf] SBKR captured prior to ground disturbance on the project 
site will be translocated to Cajon Creek Conservation Bank in the City 
of Muscoy, San Bernardino County, California. These animals will 
augment the current low-density population of SBKR found in the portion 
of the Bank where the relocation will occur. These animals will be 
monitored for 5 years, including annual reporting.
    [ssquf] The Applicant will provide funding for the perpetual 
maintenance and monitoring of approximately 20.9 ac of

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occupied high-quality SBKR habitat in the City of Redlands, owned and 
conserved by the Redlands Land Conservancy into perpetuity.
    Option B:
    [ssquf] SBKR captured prior to ground disturbance on the project 
site will be relocated to conserved habitat owned and managed by the 
Redlands Land Conservancy or other conserved property managed for the 
benefit of SBKR.
    [ssquf] The Applicant will provide funding for the perpetual 
maintenance and monitoring of 23.1 ac of occupied high-quality SBKR 
habitat in the City of Redlands, owned and conserved by the Redlands 
Land Conservancy for the benefit SBKR in perpetuity.
    The determination as to which mitigation option will be implemented 
will be based upon the suitability of conserved site to receive the 
translocated population. This decision will be made by the Service 
prior to the initiation of ground disturbance on the project site.

Proposed Habitat Conservation Plan Alternatives

    In the proposed HCP, the Applicant considers alternatives to the 
taking SBKR 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 SBKR would be authorized for the 
Applicant's routine construction activities associated with the 
development of residential houses, in the City of Redlands. The 
Applicant's proposed HCP does identify a no-build alternative that 
would not result in incidental take of SBKR, but it is infeasible for 
the Applicant to accept this alternative as it would result in no 
development of the land or associated infrastructure improvements 
necessary to the City of Redlands and surrounding community. The 
proposed HCP also examined participation in a regional HCP as an 
alternative to an individual HCP. This alternative plan is infeasible 
because there is currently no completed regional plan, and the timing 
for completion of a regional plan is unknown.

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 SBKR, 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 SBKR.
     The Applicant will mitigate impacts to the SBKR by 
translocating HCP individuals to a conserved property, monitoring those 
translocated individuals for 5 years, and funding the perpetual 
management of up to 23.1 acres of high-quality SBKR habitat at the 
conserved 100-acre Redlands Conservancy property in Redlands, 
California.
     This project proposes to increase the genetic diversity of 
SBKR at the translocation receiver site, fund the long-term management 
of conserved and occupied habitat, and increase the quality of habitat, 
in areas found outside of the 100-year floodplain, in two of the three 
designated critical habitat units for the species.
    Therefore, our proposed issuance of the requested incidental take 
permit 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, 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.

Public Review

    The Service invites the public to comment on the permit 
application, including the proposed HCP, during the public comment 
period. Copies of the documents will be available during a 30-day 
public comment period (see DATES). If you wish to comment, you may 
submit your comments to the address listed 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 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.

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 SBKR.

G. Mendel Stewart,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2015-17209 Filed 7-13-15; 8:45 am]
BILLING CODE 4310-55-P