[Federal Register Volume 84, Number 140 (Monday, July 22, 2019)]
[Notices]
[Pages 35123-35124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15494]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2019-0064; FXES11140900000 190]


Endangered and Threatened Species; Receipt of an Incidental Take 
Permit Application and Low-Effect Habitat Conservation Plan for the 
Desert Tortoise; High Desert Power Project, San Bernardino County, 
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, have received an 
application for an incidental permit to take federally listed fish or 
wildlife species. We invite comments on this application, which we will 
take into consideration before issuing an incidental take permit.

DATES: To ensure consideration, please submit your written comments by 
August 21, 2019.

ADDRESSES: Obtaining Documents: The documents this notice announces, as 
well as any comments and other materials that we receive, will be 
available for public inspection online in Docket No. FWS-R8-ES-2019-
0064 at http://www.regulations.gov.
    Submitting Comments: You may submit comments by one of the 
following methods:
     Online: http://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2019-0064.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: Docket No. FWS-R8-ES-2019-0064; U.S. Fish and Wildlife Service, 
MS: JAO/1N; 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments by only the methods described 
above.

FOR FURTHER INFORMATION CONTACT: Raymond Bransfield, Fish and Wildlife 
Biologist, Palm Springs Fish and Wildlife Office, by phone at 805-677-
3398 or via email at [email protected]. If you use a 
telecommunications device for the deaf, hard-of-hearing, or speech 
disabled, please call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We have received an application for an 
incidental take permit under the Endangered Species Act of 1973, as 
amended (ESA; 16 U.S.C. 1531 et seq.). The application addresses the 
potential for take of a threatened species that is likely to occur 
incidental to the otherwise lawful activity as described in the 
applicant's habitat conservation plan.

Background

    Section 9 of the ESA and Federal regulations pursuant to section 
4(d) of the ESA prohibit the take of endangered and threatened species, 
respectively, without special exemption (16 U.S.C. 1538; 50 CFR 17.31). 
Under section 10(a)(1)(B) of the ESA (16 U.S.C. 1539), we may issue 
permits to authorize take of listed fish and wildlife species that is 
incidental to, and not the purpose of, carrying out an otherwise lawful 
activity. Regulations governing permits for endangered and threatened 
species are set forth in title 50 of the Code of Federal Regulations at 
part 17, sections 17.22 and 17.32.
    The National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et 
seq.) requires Federal agencies to analyze their proposed actions to 
determine whether the actions may significantly affect the human 
environment. In the NEPA analysis, the Federal agency will identify 
direct, indirect, and cumulative effects, as well as possible 
mitigation for effects on environmental resources that could occur with 
implementation of the proposed action and alternatives. The Federal 
action in this case is the Service's proposed issuance of an incidental 
take permit.

Permit Application

    We invite comments on the following application.

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                                                                                                                                    Project's actions to
       Applicant, city, state                Species                Location                Activity         Type of take (amount  minimize and mitigate
                                                                                                              of take over term)          for take
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HDSI, LLC, Chicago, Illinois.......  Mojave desert tortoise  Victorville,            Construction,          Approximately 10       Minimize by
                                      (Gopherus agassizii).   California.             operation,             large desert           translocation of
                                                                                      maintenance, and       tortoises at the       tortoises to
                                                                                      decommissioning of a   solar site. Take       superior habitat.
                                                                                      photovoltaic solar     (capture) to           Mitigate by
                                                                                      power facility and     translocate; kill or   acquiring private
                                                                                      management of          wound no more than     lands within the
                                                                                      conserved lands.       three if they are      boundaries of
                                                                                                             not detected prior     critical habitat and
                                                                                                             to work.               managing these lands
                                                                                                                                    for long-term
                                                                                                                                    conservation.
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Our Preliminary Determination

    The Service has made a preliminary determination that issuance of 
the incidental take permit is not 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 
(NEPA; 42 U.S.C. 4321 et seq.). The Service has also made a preliminary 
determination that it individually or cumulatively will not have more 
than a negligible effect on the species covered in the habitat 
conservation plan.
    Therefore, the permit qualifies for a categorical exclusion under 
NEPA.

Public Availability of Comments

    All comments and materials we receive in response to this request 
will be available for public review at http://www.regulations.gov.
    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 review, we cannot guarantee that we will be 
able to do so.

Next Steps

    We will publish a notice in the Federal Register when we have made 
a determination with regard to issuance of the incidental take permit.

Authority

    We issue this notice pursuant to section 10(c) of the ESA (16 
U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22 and 
17.32), and the National Environmental Policy Act (42 U.S.C. 4321 et 
seq.) and its

[[Page 35124]]

implementing regulations (40 CFR 1506.6 and 43 CFR 46.305).

Scott Sobiech,
Acting Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2019-15494 Filed 7-19-19; 8:45 am]
 BILLING CODE 4333-15-P