[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)]
[Notices]
[Pages 96475-96476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31698]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2016-N231; FXES11140800000-178-FF08ECAR00]


Endangered and Threatened Wildlife and Plants; Incidental Take 
Permit Application; Proposed Low-Effect Habitat Conservation Plan and 
Associated Documents; San Diego Gas and Electric, San Diego, Riverside, 
and Orange Counties, 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 the San Diego Gas and Electric Company 
(SDG&E) for an incidental take permit for 15 animal species pursuant to 
the Endangered Species Act of 1973, as amended. SDG&E is also seeking 
assurances for 22 plant species under the Service's ``No Surprises'' 
regulation. We are requesting comments on the permit application and on 
the preliminary determination that the proposed habitat conservation 
(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 the associated low-effect 
screening form, which are also available for public review.

DATES: Written comments should be received on or before January 30, 
2017.

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, 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, please call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from the San Diego Gas and 
Electric Company (SDG&E) for a 5-year incidental take permit for 15 
animal species pursuant to section 10(a)(1)(B) of the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). The 
application addresses the potential ``take'' of 15 animal species and 
impacts to 22 plant species associated with routine utility 
infrastructure operation and maintenance (O&M) activities and minor new 
construction within SDG&E's service territory, which covers San Diego 
County and portions of Orange and Riverside Counties, California. A 
conservation program to avoid, minimize, and mitigate for project 
activities would be implemented by SDG&E as described in the 
applicant's proposed habitat conservation plan (HCP).
    The HCP is designed to support the continuation of activities 
covered by Endangered Species Act (ESA) Permit No. PRT-809637, which is 
a multi-species incidental take permit issued by the Service to SDG&E 
in December 1995 (1995 ESA permit). The 1995 permit is subject to 
SDG&E's compliance with its 1995 Subregional Natural Community 
Conservation Plan/Habitat Conservation Plan (1995 NCCP/HCP) and a 400-
acre cap on habitat impacts. Under this new HCP, SDG&E would continue 
to apply all of the conservation efforts, mitigation measures, and 
operational protocols implemented under the 1995 NCCP/HCP. The HCP 
would allow a maximum of 60 acres of impact over a 5-year permit term.
    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 Endangered Species 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.
    Take of plant species is not prohibited under the Endangered 
Species Act and therefore cannot be authorized under an incidental take 
permit. However, 22 plant species, including 16 federally listed 
plants, are proposed to be included on the permit in recognition of the 
conservation benefits provided to them under the HCP.
    Regulations governing incidental take permits for threatened and 
endangered species are found in 50 CFR 17.32 and 17.22, respectively. 
All species included on the incidental take permit, if issued, would 
receive assurances under the Service's ``No Surprises'' regulation (50 
CFR 17.22(b)(5) and 17.32)(b)(5).
    SDG&E seeks incidental take authorization for 15 animal species, 
including 8 federally endangered, 3 federally threatened, and 4 
unlisted species, and assurances for 22 plant species, including 11 
federally endangered, 5 federally threatened, and 6 unlisted species. 
Collectively the 37 listed and unlisted species are referred to as 
``Covered Species'' in the HCP. The permit would provide take 
authorization for all 15 animal species and assurances for all 22 plant 
species identified in the HCP as ``Covered Species'' during the 
requested permit term of 5 years.
    If we approve the permit, incidental take of the 15 animal species 
and impacts to 22 plant species listed in Table 2 of the HCP would 
occur as a result of covered species habitat removal at a rate of 5 to 
12 acres annually over the course of the 5-year permit term, or up to a 
60-acre maximum impact. The 60-acre habitat impact, including take of 
covered animal species, would be incidental to SDG&E's O&M activities 
on existing infrastructure and minor new construction within their 
service territory in San Diego, Orange, and Riverside Counties.
    To minimize and mitigate impacts to covered species, including take 
of animal species, from O&M activities and minor new construction, 
SDG&E will implement all of the conservation efforts, mitigation 
measures, and operational protocols identified under

[[Page 96476]]

their 1995 NCCP/HCP. Specific measures include implementing 61 
operational protocols to minimize impacts to covered species and 
deducting mitigation credits from existing preserved and managed lands 
conserved by SDG&E to benefit the covered species.

Proposed Action and Alternatives

    The Proposed Action consists of the issuance of an incidental take 
permit and implementation of the proposed HCP, which includes measures 
to avoid, minimize, and mitigate impacts to 37 covered species. If we 
approve the permit, take of the 15 animal species and impacts to 22 
plant species would be authorized for SDG&E to conduct O&M activities 
and minor new construction. In the proposed HCP, the applicant 
considers alternatives to the taking of covered species under the 
proposed action. A ``No Action'' alternative was considered where SDG&E 
would continue to conduct its activities in accordance with the 
applicant's 1995 NCCP/HCP until the 400-acre cap on habitat impacts is 
reached. Simultaneously, SDG&E would work with the Service and the 
California Department of Fish and Wildlife to develop and adopt a 
revised NCCP/HCP. However, if this process is not completed by the time 
the 400-acre cap is reached, SDG&E would have to suspend its routine 
O&M activities until the process is complete or seek individual permits 
for distinct activities. Any suspension would pose significant risks to 
SDG&E's ability to provide safe and reliable service to its customers 
and pursuing individual permits for routine activities would impose 
significant administrative burdens and costs and potential delays on 
SDG&E.

Our Preliminary Determination

    The Service has made a preliminary determination that approval of 
the proposed HCP qualifies as a categorical exclusion under 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 (December 2016).
    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.
    Based upon this preliminary determination, we do not intend to 
prepare further NEPA documentation. We will consider public comments in 
making the final determination on whether to prepare such additional 
documentation.

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 and assurances, 
as appropriate, for the 37 covered species.

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 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 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).

Karen A. Goebel,
Acting Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2016-31698 Filed 12-29-16; 8:45 am]
 BILLING CODE 4333-15-P