[Federal Register Volume 85, Number 41 (Monday, March 2, 2020)]
[Notices]
[Pages 12319-12321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04224]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2019-N162; FRES48010811290 XXX]


Endangered and Threatened Species; Receipt of Incidental Take 
Permit Application and Habitat Conservation Plan; Availability of 
Environmental Assessment

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 from the Pacific Gas and Electric Company for a permit to 
conduct activities with the potential to take listed species that is 
incidental to, and not the purpose of, carrying out otherwise lawful 
activities. With some exceptions, the Endangered Species Act prohibits 
certain activities that may impact listed species unless a Federal 
permit allows such activity. We invite comments on this application and 
the accompanying Environmental Assessment, which we will take into 
consideration before issuing a permit.

DATES: We will accept comments received or postmarked on or before 
April 1, 2020.

ADDRESSES: Obtaining Documents: The documents this notice announces, as

[[Page 12320]]

well as any comments and other materials that we receive, will be 
available for public inspection on the U.S. Fish and Wildlife Service's 
Sacramento Field Office website at http://www.fws.gov/sacramento. They 
may also be viewed in person by appointment at the Sacramento Fish and 
Wildlife Office during regular business hours by contacting the 
individuals in FOR FURTHER INFORMATION CONTACT.
    Submitting Comments: Please submit comments by one of the following 
methods:
     Fax: (916) 414-6713.
     U.S. mail or hand-delivery: Eric Tattersall, Assistant 
Field Supervisor; U.S. Fish and Wildlife Service; Sacramento Fish and 
Wildlife Office; 2800 Cottage Way, W-2605; Sacramento, CA 95825
    We request that you submit comments by only the methods described 
above.

FOR FURTHER INFORMATION CONTACT: Joshua Emery, Senior Biologist, 
Conservation Planning Division; or Eric Tattersall, Assistant Field 
Supervisor, at the Sacramento Fish and Wildlife Office address above or 
by telephone at (916) 414-6600. 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, the U.S. Fish and Wildlife Service 
(Service), have received an application for an incidental take permit 
(ITP) 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 listed species that is likely to occur incidental to the otherwise 
lawful activities as described in the applicant's habitat conservation 
plan, titled the Draft Pacific Gas and Electric Company Multiple Region 
Operation and Maintenance Habitat Conservation Plan (draft HCP).
    This notice also advises the public that we have prepared a draft 
environmental assessment (draft EA) under the National Environmental 
Policy Act of 1969, as amended (NEPA; 42 U.S.C. 4321 et seq.), and its 
implementing regulations in the Code of Federal Regulations (CFR) at 40 
CFR 1506.6.

Background

    Section 9 of the ESA prohibits take of fish and wildlife species 
listed as endangered (16 U.S.C. 1538). By regulation, this take 
prohibition also applies to certain species listed as threatened. (50 
CFR 17.31(a)). Under section 10(a)(1)(B) of the ESA (16 U.S.C. 
1539(a)(1)(B)), 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 listed wildlife species are set forth in 50 CFR parts 17.22 
and 17.32.
    NEPA requires Federal agencies to analyze their proposed actions to 
determine whether the actions may significantly affect the human 
environment. In these NEPA analyses, 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.

Proposed Action

    The Service would issue an ITP to PG&E for a period of 30 years for 
certain covered activities (described below) in 34 counties in 
California. Annual species effects as a result of PG&E's activities are 
estimated to be approximately 100 acres (ac) of permanent habitat loss 
and 465 ac of temporary habitat disturbance. PG&E has requested 
inclusion of 36 species for coverage (covered species)--24 animals and 
12 plants, 35 of which are currently listed as threatened or endangered 
under the Act, with one non-listed species also proposed for inclusion 
in the HCP. Of these covered species, the Service would, through 
issuance of the ITP, authorize incidental take of the 24 animal species 
proposed for coverage.

Draft HCP Area

    The geographic scope of the draft HCP includes Amador, Butte, 
Calaveras, Colusa, El Dorado, Fresno, Glenn, Humboldt, Kern, Lake, 
Lassen, Madera, Mariposa, Mendocino, Modoc, Monterey, Nevada, Placer, 
Plumas, Sacramento, San Benito, San Luis Obispo, Santa Barbara, Santa 
Cruz, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Tulare, 
Tuolumne, Yolo and Yuba counties. The geographic scope of the draft HCP 
also includes, for mitigation purposes, an area known as the integrated 
plan area, which encompasses the geographic boundaries of the 
applicant's two existing HCPs in the San Joaquin Valley and California 
Bay Area.

Covered Activities

    The proposed section 10 ITP may allow take of wildlife covered 
species resulting from covered activities in the proposed HCP plan 
area. PG&E is requesting incidental take authorization for covered 
species that could be affected by activities identified in the draft 
HCP. The draft HCP covers all PG&E O&M, minor new construction, and 
pipeline safety enhancement program activities related to PG&E's 
natural gas and electric transmission and distribution systems that may 
result in take of covered species and that are located in the draft HCP 
area. O&M activities occur throughout PG&E's existing network of 
facilities and would occur at or near the existing facilities. Minor 
new construction activities include installing new or replacement 
structures to upgrade facilities or to extend service to new customers. 
Minor new construction, when in natural vegetation or agricultural 
land-cover types that contain suitable habitat for covered species, is 
limited to approximately 2 miles or fewer of new electric or gas line 
extensions from an existing line, a total of 1.0 ac or less of new gas 
pressure limiting stations within the study area, and 3 ac or less per 
electric substation expansion. The size of a minor new construction 
project would be estimated as the total footprint, expressed in ac. 
Additionally, PG&E's community pipeline safety initiative involves 
upgrading key existing gas transmission pipelines located in heavily 
populated and other critical areas. Covered activities include 
inspection, field testing, and potentially replacing many pipeline 
segments to ensure reliable and safe delivery of gas to customers. 
Pipeline replacements are estimated to average between 4 miles and 8 
miles and are primarily in urban areas, although there would also be 
replacement activities in areas of natural vegetation. In such areas, 
pipeline replacement projects will take place in areas that have been 
previously disturbed by the construction of the original pipeline.
    The draft HCP area consists of PG&E's gas and electric transmission 
and distribution facilities, rights-of-way, buffer lands, areas owned 
by PG&E and/or subject to PG&E easements, access routes, and those 
areas acquired as mitigation to offset the impacts resulting from 
covered activities. The total draft HCP area is approximately 564,781 
ac; of this area, 303,287 ac (53.7 percent) are in natural land-cover 
types, 144,274 ac (25.5 percent) are in urban land-cover types, and 
117,682 ac (20.8 percent) are in agricultural land-cover types.
    The proposed section 10 ITP may allow take of the following covered 
wildlife species in California during the course of patrols and 
inspections, power pole replacements, reconductoring gas pipeline 
segment replacement, gas valve station replacement, and trimming of 
vegetation near power lines. Proposed incidental take (measured as 
habitat loss) for wildlife species over the permit term is shown in the 
table below.

[[Page 12321]]



------------------------------------------------------------------------
                                        Proposed for incidental take
              Species                  (measured as habitat loss) over
                                                 permit term
------------------------------------------------------------------------
                             Animal Species
------------------------------------------------------------------------
Blunt-nosed leopard lizard          70.94 ac, (13.28-ac permanent loss;
 (Gambelia sila).                    57.56-ac temporary disturbance).
California tiger salamander         Breeding habitat: 35.04 ac, (5.91-ac
 Central California distinct         permanent loss; 29.13-ac temporary
 population segment (DPS)            disturbance).
 (Ambystoma californiense).         Upland habitat: 1,394.51 ac, (248.81-
                                     ac permanent loss; 1,148.71-ac
                                     temporary disturbance).
California tiger salamander Santa   Breeding habitat: 0.16 ac, (0.02-ac
 Barbara DPS (Ambystoma              permanent loss; 0.14-ac temporary
 californiense).                     disturbance).
                                    Upland habitat: 88.78 ac, (11.77-ac
                                     permanent loss; 77.01-ac temporary
                                     disturbance).
California red-legged frog (Rana    Breeding habitat: 234.00 ac, (48.00-
 draytonii).                         ac permanent loss; 186.00-ac
                                     temporary disturbance).
                                    Upland habitat: 768.00 ac, (127.50-
                                     ac permanent loss; 640.52-ac
                                     temporary disturbance).
Conservancy fairy shrimp            65.42 ac, (7.50-ac permanent loss;
 (Branchinecta conservatio).         57.92-ac temporary disturbance).
Foothill yellow-legged frog (Rana   Breeding habitat: 11.57 ac, (1.69-ac
 boylii).                            permanent loss; 9.88-ac temporary
                                     disturbance).
                                    Dispersal habitat: 139.00 ac, (20.23-
                                     ac permanent loss; 118.76-ac
                                     temporary disturbance).
Giant garter snake (Thamnophis      Aquatic habitat: 102.75 ac, (12.75-
 gigas).                             ac permanent loss; 90.00-ac
                                     temporary disturbance).
                                    Upland habitat: 338.01 ac, (38.01-ac
                                     permanent loss; 300.00-ac temporary
                                     disturbance).
Giant kangaroo rat (Dipodomys       180.00 ac, (30.00-ac permanent loss;
 ingens).                            150.00-ac temporary disturbance).
Longhorn fairy shrimp               24.39 ac, (3.32-ac permanent loss;
 (Branchinecta longiantenna).        21.06-ac temporary disturbance).
Marbeled murrelet (Brachyramphus    127.50 ac, (45.00-ac permanent loss;
 marmoratus).                        82.50-ac temporary disturbance).
Morro shoulderband snail            9.00 ac, (3.00-ac permanent loss;
 (Helminthoglypta walkeriana).       6.00-ac temporary disturbance).
Mount Hermon June beetle            30 ac, (7.50-ac permanent loss;
 (Polyphylla barbata).               22.50-ac temporary disturbance).
Mountain yellow-legged frog (Rana   3.60 ac, (0.60-ac permanent loss;
 muscosa).                           3.00-ac temporary disturbance).
Northern spotted owl (Strix         825.00 ac, (165.00-ac permanent
 occidentalis caurina).              loss; 660.00-ac temporary
                                     disturbance).
Ohlone tiger beetle (Cicindela      30.00 ac, (7.50-ac permanent loss;
 ohlone).                            22.50-ac temporary disturbance).
Point Arena mountain beaver         10.50 ac, (3.00-ac permanent loss;
 (Aplodontia rufa nigra).            7.50-ac temporary disturbance).
San Joaquin kit fox (Vulpes         65.42 ac, (7.50-ac permanent loss;
 macrotis mutica).                   57.92-ac temporary disturbance).
Santa Cruz long-toed salamander     High-value habitat: 105.00 ac,
 (Ambystoma macrodactylum croceum).  (15.00-ac permanent loss; 90.00-ac
                                     temporary disturbance).
                                    Moderate value habitat: 170.55 ac,
                                     (29.06-ac permanent loss; 141.49-ac
                                     temporary disturbance).
                                    Low-value habitat: 1216.86 ac,
                                     (213.86-ac permanent loss; 1002.99-
                                     ac temporary disturbance).
Smith's blue butterfly (Euphilotes  87.94 ac, (15.25-ac permanent loss;
 enoptes smithi).                    72.69-ac temporary disturbance).
Valley elderberry longhorn beetle   360.60 ac, (78.93-ac permanent loss;
 (Desmocerus californicus            281.67-ac temporary disturbance).
 dimorphus).
Vernal pool fairy shrimp            380.54 ac, (41.97-ac permanent loss;
 (Branchinecta lynchi).              338.57-ac temporary disturbance).
Vernal pool tadpole shrimp          380.54 ac, (41.97-ac permanent loss;
 (Lepidurus packardi).               338.57-ac temporary disturbance).
Yosemite toad (Anaxyrus canorus)..  2.50 ac, (0.50-ac permanent loss;
                                     2.00-ac temporary disturbance).
Zayante band-winged grasshopper     18.75 ac, (3.59-ac permanent loss;
 (Trimerotropis infantilis).         15.15-ac temporary disturbance).
------------------------------------------------------------------------
              Species                Proposed for coverage (measured as
                                        habitat loss) over permit term
------------------------------------------------------------------------
                              Plant Species
------------------------------------------------------------------------
Beach layia (Lavia carnosa).......  0.32 ac or 143 plants, whichever
                                     total is met first.
Ione manzanita (Arctostaphylos      12.25 ac or 64 plants, whichever
 myrtifolia).                        total is met first.
Kern mallow (Eremalche parryi ssp.  10.5 ac or 1,226 plants, whichever
 kernensis).                         total is met first.
Layne's ragwort (Packera layneae).  2.86 ac or 103 plants, whichever
                                     total is met first.
Monterey gilia (Gilia tenuiflora    6.6 ac or 6,266 plants, whichever
 ssp. arenaria).                     total is met first.
Monterey spineflower (Chorizanthe   46.6 ac or 4,376 plants, whichever
 pungens var. pungens).              total is met first.
Pine Hill ceanothus (Ceanothus      3.67 ac or 33 plants, whichever
 roderickii).                        total is met first.
Pine Hill flannelbush               1.19 ac or 2 plants, whichever total
 (Fremontodendron decumbens).        is met first.
Robust spineflower (Chorizanthe     1.3 ac or 3,765 plants, whichever
 robusta var. robusta).              total is met first.
San Benito evening-primrose         0.37 ac or 1,888 plants, whichever
 (Camissonia benitensis).            total is met first.
Stebbins' morning-glory             0.37 ac or 1,888 plants, whichever
 (Calystegia stebbinsii).            total is met first.
Yadon's rein orchid (Piperia        2.1 ac or 64 plants, whichever total
 yadonii).                           is met first.
------------------------------------------------------------------------

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 review, we cannot guarantee that we will be 
able to do so.

Next Steps

    Issuance of an incidental take permit is a Federal proposed action 
subject to compliance with NEPA. We will evaluate the application, 
associated documents, and any public comments we receive to determine 
whether the application meets the requirements of NEPA regulations and 
section 10(a) of the Act. If we determine that those requirements are 
met, we will issue a permit to the applicant for the incidental take of 
the Covered Species.

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

Jennifer Norris,
Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento, 
California.
[FR Doc. 2020-04224 Filed 2-28-20; 8:45 am]
BILLING CODE 4333-15-P