[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Notices]
[Pages 39062-39063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14126]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2016-N095; FXES11120800000-167-FF08ECAR00]


Endangered and Threatened Wildlife and Plants; Incidental Take 
Permit Application; Proposed Low-Effect Habitat Conservation Plan and 
Associated Documents; Community of San Pedro, City of Los Angeles, 
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 Rolling Hills Preparatory School 
(applicant) for a 25-year incidental take permit for the endangered 
Palos Verdes blue butterfly pursuant to the Endangered Species Act of 
1973, as amended (Act). We are requesting comments on the permit 
application and on the preliminary determination that the proposed 
Habitat Conservation Plan qualifies as a ``low-effect'' Habitat 
Conservation Plan, eligible for a categorical exclusion under the 
National Environmental Policy Act (NEPA) of 1969, as amended. The basis 
for this determination is discussed in the environmental action 
statement (EAS) and the associated low-effect screening form, which are 
also available for public review.

DATES: Written comments should be received on or before July 15, 2016.

ADDRESSES: Submitting Comments: You may submit comments by one of the 
following methods:
     U.S. Mail: Field Supervisor, Fish and Wildlife Service, 
Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250, 
Carlsbad, CA 92008.
     Fax: Field Supervisor, 760-431-9624.
    Obtaining Documents: To request copies of the application, proposed 
HCP, and EAS, contact the Service immediately, by telephone at 760-431-
9440 or by letter to the Carlsbad Fish and Wildlife Office (see 
ADDRESSES). Copies of the proposed HCP and EAS also are available for 
public inspection during regular business hours at the Carlsbad Fish 
and Wildlife Office (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field 
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES); 
telephone: 760-431-9440. If you use a telecommunications device for the 
deaf (TDD), please call the Federal Information Relay Service (FIRS) at 
800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from Rolling Hills Preparatory 
School (applicant) for a 25-year incidental take permit for one covered 
species pursuant to section 10(a)(1)(B) of the Endangered Species Act 
of 1973, as amended (16 U.S.C. 1531 et seq., Act). The application 
addresses the potential ``take'' of the endangered Palos Verdes blue 
butterfly (Glaucopsyche lygdamus palosverdesensis) in the course of 
activities associated with the construction of educational facilities 
and active habitat management for the Palos Verdes blue butterfly, in 
the Community of San Pedro, City of Los Angeles, Los Angeles County, 
California. A conservation program to avoid, minimize, and mitigate for 
project activities would be implemented as described in the proposed 
Habitat

[[Page 39063]]

Conservation Plan (HCP) by the applicant.
    We are requesting comments on the permit application and on the 
preliminary determination that the proposed HCP qualifies as a ``low-
effect'' HCP, eligible for a categorical exclusion under the National 
Environmental Policy Act (NEPA) of 1969, as amended. The basis for this 
determination is discussed in the environmental action statement (EAS) 
and associated low-effect screening form, which are also available for 
public review.

Background

    Section 9 of the Act and its implementing Federal regulations 
prohibit the ``take'' of animal species listed as endangered or 
threatened. Take is defined under the Act as to ``harass, harm, pursue, 
hunt, shoot, wound, kill, trap, capture, or collect listed animal 
species, or to attempt to engage in 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). However, under section 10(a) of the Act, the Service may 
issue permits to authorize incidental take of listed species. 
``Incidental take'' is defined by the Act as take that is incidental 
to, and not the purpose of, carrying out an otherwise lawful activity. 
Regulations governing incidental take permits for threatened and 
endangered species, respectively, are found in the Code of Federal 
Regulations at 50 CFR 17.22 and 50 CFR 17.32.
    The applicant requests a 25-year permit under section 10(a)(1)(B) 
of the Act. If we approve the permit, the applicant anticipates taking 
Palos Verdes blue butterfly (Glaucopsyche lygdamus palosverdesensis) as 
a result of permanent impacts to 0.68 acre (ac) of habitat the species 
uses for breeding, feeding, and sheltering. The take from permanent 
impacts would be incidental to the applicant's activities associated 
with the construction of educational facilities within the former Palos 
Verdes Naval Housing Area in the Community of San Pedro, City of Los 
Angeles, California. Additional take due to temporary impacts may also 
occur within no more than 0.50 ac annually. The take from temporary 
impacts would be incidental to the applicant's habitat management 
activities within the 10.47-acre Reserve established for the Palos 
Verdes blue butterfly.
    To minimize take of Palos Verdes blue butterfly by the project and 
offset impacts to its habitat, the applicant proposes to remove a paved 
parking lot within the Reserve and restore the site with 0.84 acre of 
Palos Verdes blue butterfly habitat. In addition, the applicant has 
committed to implementing a Habitat Management Plan (Appendix 1 in the 
HCP). The Habitat Management Plan identifies specific goals and 
objectives that will maintain or improve habitat value for the Palos 
Verdes blue butterfly. Finally, the applicant will continue to 
implement a series of measures developed to minimize indirect impacts 
to the Reserve from irrigation, lighting, and trespass as described in 
the HCP.

Proposed Action and Alternatives

    The Proposed Action consists of the issuance of an incidental take 
permit for implementation of the proposed HCP, which includes measures 
to avoid, minimize, and mitigate impacts to the Palos Verdes blue 
butterfly. If we approve the permit, take of Palos Verdes blue 
butterfly would be authorized for the applicant's activities associated 
with the construction of educational facilities and ongoing habitat 
management. In the proposed HCP, the applicant considers a No Action 
Alternative. Under the No Action Alternative, no incidental take of 
Palos Verdes blue butterfly would occur, and there would be no long-
term commitment to manage the Reserve to the standards described in the 
Habitat Management Plan.

Our Preliminary Determination

    The Service has made a preliminary determination that the approval 
of the HCP and issuance of an incidental take permit qualify for 
categorical exclusion under the National Environmental Policy Act 
(NEPA) (42 U.S.C. 4321 et seq.), as provided by the Department of the 
Interior implementing regulations in part 46 of title 43 of the Code of 
Federal Regulations (43 CFR 46.205, 46.210, and 46.215), and that the 
HCP qualifies as a ``low-effect'' plan as defined by the 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.

However, based upon our review of public comments that we receive in 
response to this notice, this preliminary determination may be revised.

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 Palos Verdes 
blue butterfly.

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).

G. Mendel Stewart,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2016-14126 Filed 6-14-16; 8:45 am]
 BILLING CODE 4333-15-P