[Federal Register Volume 81, Number 2 (Tuesday, January 5, 2016)]
[Notices]
[Pages 252-253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33148]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2016-N240; FXES11120800000-145-FF08EVEN00]


Habitat Conservation Plan for the Operation, Repair, Maintenance, 
and Replacement of State Water Pipeline and Facilities From the Polonio 
Pass Water Treatment Plant, San Luis Obispo County to Lake Cachuma, 
Santa Barbara County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Central Coastal Water Authority (CCWA) for 
a 30-year incidental take permit (ITP) under the Endangered Species Act 
of 1973, as amended (Act). The application addresses the potential for 
``take'' of the federally endangered San Joaquin kit fox (Vulpes 
macrotis mutica) and federally threatened California red-legged frog 
(Rana draytonii) and California tiger salamander (Ambystoma 
californiense) that may occur incidental to the operations and 
maintenance of an existing potable water delivery system from near 
Polonio Pass in northeastern San Luis Obispo County to Lake Cachuma in 
Santa Barbara. We invite comments from the public on the application 
for an incidental take permit, which includes the Habitat Conservation 
Plan (HCP). This proposed action has been determined to be eligible for 
a categorical exclusion under the National Environmental Policy Act of 
1969, as amended (NEPA).

DATES: To ensure consideration, please send your written comments by 
February 4, 2016.

ADDRESSES: You may download a copy of the draft HCP and draft 
environmental action statement and low-effect screening form on the 
Internet at http://www.fws.gov/ventura/, or you may request copies of 
the documents by U.S. mail or phone (see below). Please address written 
comments to Stephen P. Henry, Field Supervisor, Ventura Fish and 
Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola Road, 
Suite B, Ventura, CA 93003. You may alternatively send comments by 
facsimile to (805) 644-3958.

FOR FURTHER INFORMATION CONTACT: Julie M. Vanderwier, Fish and Wildlife 
Biologist, at the above address, or by calling (805) 644-1766, 
extension 222.

SUPPLEMENTARY INFORMATION: We invite comments from the public on the 
draft HCP and our NEPA compliance.

Background

    Section 9 of the Act and its implementing regulations (16 U.S.C. 
1531 et seq.) prohibit the take of fish or wildlife species listed as 
endangered or threatened. ``Take'' is defined under the Act 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). However, under section 10(a)(1)(B) of 
the Act, we may issue permits to authorize incidental take of listed 
species. The Act defines ``incidental take'' as take that is not the 
purpose of carrying out of an otherwise lawful activity. The Code of 
Federal Regulations (CFR) provides those regulations governing 
incidental take permits for threatened and endangered species at 50 CFR 
17.32 and 17.22. Issuance of an incidental take permit must not 
jeopardize the existence of federally listed fish, wildlife, or plant 
species.

The Applicant's Proposed Project

    Measures to minimize the amount and severity of take proposed by 
the applicant are discussed in detail in section 2.10 of the draft HCP. 
Mitigation for unavoidable take of California red-legged frog and 
California tiger salamander includes the purchase of credits in the 
Palo Prieto Conservation Bank in San Luis Obispo County, with an 
additional credit for California tiger salamander purchased in the La 
Purisima Conservation Bank in Santa Barbara County. Mitigation for San 
Joaquin kit fox was provided at the time of project construction as 
part of its compliance with the California Environmental Quality Act 
and its terms memorialized in a Memorandum of Understanding between 
applicant and the California Department of Fish and Game (now 
California Department of Fish and Wildlife). The mitigation 
requirements were included in the project description of our biological 
opinion 1-8-93-F-20. As such, no additional mitigation is deemed 
necessary for San Joaquin kit fox.
    The draft HCP provides for, and discusses, five alternatives to the 
proposed project: No Project, No Action, Maintenance Alternative, 
Minimum Conservation, and Maximum Conservation. These are discussed in 
detail in section 9 of the HCP.

Our Preliminary Determination

    We are requesting comments on our preliminary determination that 
the HCP qualifies for processing as a low-effect HCP as defined by our 
Habitat Conservation Planning Handbook (November 1996). Three criteria 
form the basis for our determination: (1) Implementation of the 
proposed project as described in the HCP would result in minor or 
negligible effects on federally listed, proposed, and/or candidate 
species and their habitats; (2) implementation of the HCP would result 
in minor negligible effects on other environmental values or resources; 
and (3) HCP impacts, considered together with those of other past, 
present, and reasonably foreseeable future projects, would not result 
in cumulatively significant effects. It is our preliminary 
determination that HCP approval and ITP issuance qualify for 
categorical exclusion under the NEPA (42 U.S.C. 4321 et seq.), as 
provided by the Department of Interior Manual (516 DM 2 Appendix 2 and 
516 DM 8); however, we may revise our determination based upon review 
of public comments received in response to this notice.

Next Steps

    We will evaluate the permit application, including the HCP, and 
comments we receive to determine whether the application meets the 
requirements of section 10(a)(1)(B) of the Act. We will also evaluate 
whether issuance of the ITP would comply with section 7(a)(2) of the 
Act regarding jeopardy for federally listed fish, wildlife, or plant 
species by conducting an intra-Service consultation pursuant to section 
7(a)(2) of the Act.

Public Review

    We are requesting comments on our determination that the 
applicant's proposal will have a minor or negligible effect on the San 
Joaquin kit fox, California red-legged frog, and California tiger 
salamander and that the plan qualifies as a low-effect HCP. We will 
evaluate the permit application, including the HCP and comments we 
receive, to make a final determination regarding whether the 
application meets the requirements of section 10(a)(1)(B) of the Act. 
We will use the results of our intra-Service consultation, in 
combination with the above findings, in our final analysis to determine 
whether to issue the ITP. If all permit issuance requirements are met, 
we will issue the permit to the applicant to authorize incidental take 
of San Joaquin kit fox, California red-legged frog, and California 
tiger salamander. We will make the final permit decision no sooner than 
30 days after the date of this notice.

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Public Comments

    If you wish to comment on the HCP and associated documents, you may 
submit comments by any one of the methods provided in ADDRESSES.

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 can 
ask us in your comment to withhold your personal identifying 
information from public view, we cannot guarantee that we will be able 
to do so.

Authority

    We provide this notice under section 10(c) of the Act and the NEPA 
public involvement regulations (40 CFR 1500.1(b), 1500.2(d), and 
1506.6).

    Dated: December 29, 2015.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2015-33148 Filed 1-4-16; 8:45 am]
 BILLING CODE 4310-55-P