[Federal Register Volume 82, Number 52 (Monday, March 20, 2017)]
[Notices]
[Pages 14381-14382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05426]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2016-N235; FXES11130800000-178-FF08EVEN00]


Receipt of Application for Incidental Take Permit; Low-Effect 
Habitat Conservation Plan for California Flats Solar Project Operations 
and Maintenance Activities, Monterey and San Luis Obispo Counties, 
California

AGENCY: Fish and Wildlife Service, Interior

ACTION: Notice of receipt of permit application; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service, have received a 
request from California Flats Solar, LLC, for an incidental take permit 
under the Endangered Species Act of 1973, as amended. The permit would 
authorize take of the federally endangered San Joaquin kit fox and the 
threatened California red-legged frog, California tiger salamander, and 
vernal pool fairy shrimp, incidental to otherwise lawful activities 
associated with the California Flats Solar Project Operations and 
Maintenance Activities Habitat Conservation Plan. We invite public 
comment.

DATES: Written comments should be received on or before April 19, 2017.

ADDRESSES: You may download a copy of the draft habitat conservation 
plan and draft low-effect screening form and environmental action 
statement on the internet at http://www.fws.gov/ventura/, or you may 
request copies of the documents by U.S. mail to our Ventura office, or 
by phone (see FOR FURTHER INFORMATION CONTACT). 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: Christopher Diel, Fish and Wildlife 
Biologist, at the above address or by calling (805) 644-1766.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received a request from California Flats Solar, LLC 
(applicant), for an incidental take permit under the Endangered Species 
Act of 1973, as amended (Act). The applicant has agreed to follow all 
of the conditions in the habitat conservation plan for the project. The 
permit would authorize take of the federally endangered San Joaquin kit 
fox (Vulpes macrotis mutica) and the threatened California red-legged 
frog (Rana draytonii), California tiger salamander (Ambystoma 
californiense), and vernal pool fairy shrimp (Branchinecta lynchi), 
incidental to otherwise lawful activities associated with the 
California Flats Solar Project Operations and Maintenance Activities 
Habitat Conservation Plan (HCP). We invite public comment on the 
application and related documents.

Background

    The San Joaquin kit fox was listed by the Service as endangered on 
January 24, 1997. The California red-legged frog, California tiger 
salamander, and vernal pool fairy shrimp were listed by the Service as 
threatened on May 23, 1996, August 4, 2004, and September 19, 1994, 
respectively. Section 9 of the Act (16 U.S.C. 1531 et seq.) and its 
implementing regulations prohibit the ``take'' of fish or wildlife 
species listed as endangered or threatened. ``Take'' is defined under 
the Act to include the following activities: ``[T]o 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. ``Incidental Take'' is defined by 
the Act as take that is incidental to, and not the purpose of, carrying 
out of an otherwise lawful activity. Regulations governing incidental 
take permits for threatened and endangered species are, respectively, 
in the Code of Federal Regulations at 50 CFR 17.32 and 17.22. Under the 
Act, protections for federally listed plants differ from the 
protections afforded to federally listed animals. Issuance of an 
incidental take permit also must not jeopardize the existence of 
federally listed fish, wildlife, or plant species. All species included 
in the incidental take permit would receive assurances under our ``No 
Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).
    The applicants have applied for a permit for incidental take of the 
San Joaquin kit fox, California red-legged frog, California tiger 
salamander, and vernal pool fairy shrimp. The potential taking would 
occur by activities associated with the operations and maintenance of 
the California Flats Solar Project in suitable habitat for the covered 
species. Incidental take coverage for construction of the California 
Flats Solar Project was exempted under previous consultation with the 
U.S. Army Corps of Engineers under section 7 of the Act.

Our Preliminary Determination

    The Service has made a preliminary determination that issuance of 
the permit is neither a major Federal action that will significantly 
affect the quality of the human environment within the meaning of 
section 102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4321 et seq.; NEPA), nor will it individually or cumulatively have more 
than a negligible effect on the species covered in the HCP. Therefore, 
the permit qualifies for a categorical exclusion under NEPA as provided 
by the Department of Interior Manual (516 DM 2, Appendix 1 and 516 DM 
8.5).

[[Page 14382]]

Public Comments

    If you wish to comment on the permit applications, plans, and 
associated documents, you may submit comments by any one of the methods 
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 of the Act 
(16 U.S.C. 1531 et seq.) and NEPA regulations (40 CFR 1506.6).

    Dated: March 14, 2017.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2017-05426 Filed 3-17-17; 8:45 am]
BILLING CODE 4333-15-P