[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Notices]
[Pages 40784-40786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17669]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2018-N055; FXES11130800000-189-FF08EVEN00]
Low-Effect Habitat Conservation Plan and Categorical Exclusion;
Gaver Ranch, Castroville, Monterey 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, have received an
application from Midnight Sun, Inc., for a 20-year incidental take
permit under the Endangered Species Act of 1973, as amended (Act). The
application addresses the potential for ``take'' of the federally
threatened California red-legged frog and California tiger salamander
that is likely to occur incidental to ongoing agricultural activities,
flood and erosion control activities, and habitat restoration at Gaver
Ranch near the community of Castroville in unincorporated Monterey
County, California. We invite comments from the public on the
application package, which includes a low-effect habitat conservation
plan.
DATES: To ensure consideration, please send your written comments by
September 17, 2018.
ADDRESSES:
[[Page 40785]]
Document availability: You may download a copy of the habitat
conservation plan, draft environmental action statement and low-effect
screening form, and related documents 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 (see address below) or by phone (see
FOR FURTHER INFORMATION CONTACT).
Comment submission: 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 alternatively may send comments by facsimile to (805) 644-3958.
FOR FURTHER INFORMATION CONTACT: Chad Mitcham, Fish and Wildlife
Biologist, (805) 677-3328.
SUPPLEMENTARY INFORMATION: We have received an application from
Midnight Sun, Inc., for a 20-year incidental take permit under the Act.
The application addresses the potential for ``take'' of the federally
threatened California red-legged frog (Rana draytonii) and California
tiger salamander (Ambystoma californiense) likely to occur incidental
to ongoing agricultural activities, flood and erosion control
activities, and habitat restoration at Gaver Ranch, 15740 Blackie Road
(Assessor Parcel Numbers (APNs): 133-012-001 and 133-012-007), near
Castroville in unincorporated Monterey County, California. We invite
comments from the public on the application package, which includes a
low-effect habitat conservation plan. This proposed action has been
determined to be eligible for a categorical exclusion under the
National Environmental Policy Act of 1969 (NEPA), as amended.
Background
The U.S. Fish and Wildlife Service (Service) added the California
red-legged frog to the List of Endangered and Threatened Wildlife
(``listed'') as threatened on May 23, 1996 (61 FR 25813), and the
Service listed the California tiger salamander in central California as
threatened on August 4, 2004 (69 FR 47212). This list is found in title
50 of the Code of Federal Regulations at 50 CFR 17.11. 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: ``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 an otherwise lawful activity.
Regulations governing incidental take permits for threatened and
endangered species are provided at 50 CFR 17.32 and 17.22,
respectively. Issuance of an incidental take permit and actions
undertaken through implementation of the habitat conservation plan
(HCP) must not jeopardize the existence of federally listed fish,
wildlife, or plant species. All species covered by an incidental take
permit receive assurances under our ``No Surprises'' regulations (50
CFR 17.22(b)(5) and 17.32(b)(5)). In addition, the Service has issued
regulations for these species under section 4(d) of the Act. These
regulations state that incidental take as the result of routine
ranching activities will not be a violation of the take provisions of
section 9 of the Act. The section 4(d) regulations for the California
tiger salamander are located at 50 CFR 17.43(c) and for the California
red-legged frog at 50 CFR 17.43(d).
Applicant's Proposal
Midnight Sun Inc. (hereafter, the applicant), has submitted a low-
effect HCP in support of their application for an incidental take
permit (ITP) to address take of the California red-legged frog and
California tiger salamander that is likely to occur as the result of
direct impacts on up to 9.5 acres of suitable habitat occupied by the
species. Take would be associated with ongoing agricultural activities,
flood and erosion control activities, and habitat restoration on two
existing parcels legally described as APNs: 133-012-001 and 133-012-
007. Ultimately, the project intends to improve drainage infrastructure
to avoid on- and offsite flooding that has been occurring since 2011.
The current site address is 15740 Blackie Road near Castroville in
unincorporated Monterey County, California. This property is outside
the critical habitat designations for these species as set forth in 50
CFR 17.95(d).
The applicant is requesting a permit for take of the California
red-legged frog and California tiger salamander that would result from
``covered activities'' that are related to ongoing agricultural
operations. A 20-year ITP is requested to authorize take that would
occur incidental to the proposed project. The applicant proposes to
avoid, minimize, and mitigate impacts to the California red-legged frog
and California tiger salamander associated with the covered activities
by fully implementing the HCP. The following measures will be
implemented:
(1) A qualified biologist will conduct an education program for all
persons employed or otherwise working in the project area. The program
will cover species identification and ecology, legal protections
afforded the species, and species-specific conservation measures. The
education program will be attended by all onsite construction
personnel, and those personnel will be directed to cease work and
immediately contact a biologist permitted to capture and relocate the
subject species if any are observed in an area to be impacted.
(2) Each day prior to work beginning, a designated biologist or
biological monitor will inspect the work area for the covered species.
If an individual of the covered species is found in an area to be
impacted, all work in that area will cease and a Service-approved
biologist immediately notified. Work will cease until the individual
moves from the area on its own accord or until the Service-approved
biologist captures and relocates the individual to the nearest suitable
habitat not affected by project activities.
(3) To the maximum extent practicable, construction activities will
be limited to daylight hours.
(4) The applicant will not use erosion control materials that
contain monofilament netting or similar material that can result in the
entanglement of the covered species and other wildlife.
(5) Soil stockpiles will be fully stabilized to prevent erodible
materials entering the covered species' aquatic habitats.
(6) Onsite restoration and management of 8.9 acres of upland and
dispersal habitat will occur in order for the covered species to
continue to utilize the project site.
(7) Permanent protection of 1.5 acres of habitat for the California
red-legged frog and California tiger salamander will be ensured through
the purchase of multispecies credits at the Sparling Ranch Conservation
Bank in San Benito County, California. The applicant will fund up to
$1,556,976 to ensure implementation of all minimization measures,
monitoring, and reporting requirements identified in the HCP.
In the proposed HCP, the applicant considers two alternatives to
the proposed action: ``No Action'' and ``Redesigned Project.'' Under
the ``No Action'' alternative, an ITP for the proposed project would
not be issued. The proposed conservation strategy consisting of onsite
management of 8.9 acres of upland and dispersal habitat
[[Page 40786]]
and the purchase of conservation credits would not be provided to
effect recovery actions for the impacted species. The ``No Action''
alternative would not result in needed improvements to reduce the risk
of on- and offsite flooding and would not result in benefits for the
covered species; therefore, the applicant has rejected the ``No
Action'' alternative. Under the ``Redesigned Project'' alternative, the
applicant would further reduce the area of the proposed project to the
smallest possible footprint; however, the Redesigned Project would not
realistically accomplish the project goal of the reduction of on- and
offsite flooding risk. Under this alternative, the applicant would not
achieve the desired goal of reduced flooding risk, and fewer
conservation credits would be purchased to effect recovery; therefore,
the applicant has also rejected the ``Redesigned Project'' alternative.
Our Preliminary Determination
The Service has made a preliminary determination that issuance of
the incidental take 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 NEPA (42 U.S.C. 4321 et seq.) nor that
it will, individually or cumulatively, have more than a negligible
effect on the California red-legged frog and California tiger
salamander. Therefore, in accordance with this preliminary
determination, the permit qualifies for a categorical exclusion under
NEPA.
Next Steps
We will evaluate the permit application, including the plan 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 by conducting an intra-Service section 7 consultation.
Public Review
We provide this notice under section 10(c) of the Act and the
National Environmental Policy Act of 1969, as amended, and NEPA's
public involvement regulations (40 CFR 1500.1(b), 1500.2(d), and
1506.6). We are requesting comments on our determination that the
applicant's proposal will have a minor or negligible effect on the
California red-legged frog and California tiger salamander, and that
the plan qualifies as a low-effect HCP as defined by our Habitat
Conservation Planning Handbook. We will evaluate the permit
application, including the plan and comments we receive, to determine
whether the application meets the requirements of section 10(a)(1)(B)
of the Act. We will use the results of our internal Service
consultation, in combination with the above findings, in our final
analysis to determine whether to issue the permit. If the requirements
are met, we will issue an ITP to the applicant for the incidental take
of 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.
Public Comments
If you wish to comment on the permit application, HCP, and
associated documents, you may submit comments by one of the methods
described 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 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: August 10 2018.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2018-17669 Filed 8-15-18; 8:45 am]
BILLING CODE 4333-15-P