[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Notices]
[Pages 20516-20517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07688]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2020-N026; FXES11140800000-201-FF08ECAR00]


Receipt of Application for Renewal of Incidental Take Permit; 
Low-Effect Habitat Conservation Plan for the Endangered Arroyo Toad, 
San Diego County, California

AGENCY: Fish and Wildlife Service, Interior.

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

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Pauma Estates, Inc., for renewal of an 
incidental take permit pursuant to the Endangered Species Act. The 
applicant has requested a renewal that will extend permit authorization 
by 5 years from the date the permit is reissued. If the permit is 
renewed, no additional take above the original authorized limit of 
10.74 acres of habitat will be authorized. The permit would authorize 
take of the federally endangered arroyo toad, incidental to otherwise 
lawful activities associated with the low-effect habitat conservation 
plan (HCP) for Pauma Estates in San Diego County, California. We invite 
the public and local, State, Tribal, and Federal agencies to comment on 
the application, which includes the applicant's proposed HCP and the 
Service's preliminary determination that this HCP qualifies as ``low-
effect,'' categorically excluded, under the National Environmental 
Policy Act. To make this determination, we used our environmental 
action statement and

[[Page 20517]]

low-effect screening form, both of which are also available for public 
review.

DATES: We must receive your written comments on or before May 28, 2020.

ADDRESSES: Obtaining Documents: You may obtain copies of the documents 
by the following methods:
     Internet: https://www.fws.gov/carlsbad/HCPs/HCP_Docs.html.
     Telephone: 760-431-9440.
     U.S. Mail: Field Supervisor, Carlsbad Fish and Wildlife 
Office, U.S. Fish and Wildlife Service, 2177 Salk Avenue, Suite 250, 
Carlsbad, CA 92008.
    Submitting Comments: You may submit comments by one of the 
following methods. Please include ``Pauma Estates, Inc.'' at the 
beginning of your comments.
     U.S. Mail: Carlsbad Fish and Wildlife Office (address 
above).
     Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. David A. Zoutendyk, Acting 
Assistant Field Supervisor, Carlsbad Fish and Wildlife Office, 760-431-
9440. If you use a telecommunications device for the deaf (TDD), please 
call the Federal Relay Service (FRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from Pauma Estates, Inc. 
(applicant), to renew incidental take permit TE63657B-0 under the 
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.). The applicant has requested a renewal that would extend the 
permit authorization by 5 years from the date the permit is reissued. 
The existing permit is valid from April 20, 2015, to April 20, 2020. 
The applicant has agreed to follow all of the existing habitat 
conservation plan (HCP) conditions. If the permit is renewed, no 
additional take above the original authorized limit of 10.74 acres of 
habitat will be authorized. The permit would authorize take of the 
federally endangered arroyo toad (Anaxyrus californicus), incidental to 
otherwise lawful activities associated with the low-effect HCP for 
Pauma Estates.
    We invite the public and local, State, Tribal, and Federal agencies 
to comment on the application, which includes the applicant's proposed 
HCP and the Service's preliminary determination that this HCP qualifies 
as ``low-effect,'' categorically excluded, under the National 
Environmental Policy Act. To make this determination, we used our 
environmental action statement and low-effect screening form, both of 
which are also available for public review.

Background

    The arroyo toad was listed by the Service as endangered on December 
16, 1994 (59 FR 64859). Section 9 of the ESA and its implementing 
Federal regulations prohibit the ``take'' of animal species listed as 
endangered or threatened. ``Take'' is defined under the ESA 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 ESA, the Service may issue permits to authorize 
incidental take of listed species. ``Incidental taking'' is defined by 
the ESA implementing regulations as taking that is incidental to, and 
not the purpose of, carrying out an otherwise lawful activity (50 CFR 
17.3). Regulations governing incidental take permits for endangered and 
threatened species, respectively, are found in the Code of Federal 
Regulations at 50 CFR 17.22 and 50 CFR 17.32. Issuance of an incidental 
take permit also must not jeopardize the existence of federally listed 
fish, wildlife, or plan 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 applicant has applied for the renewal of their permit for 
incidental take for the endangered arroyo toad. The potential taking 
would occur by activities associated with the construction of a 
residential development (as defined in the HCP) in an area that 
supports suitable habitat for the covered species. The project is 
located on an approximately 26-acre property in the Pauma Valley area 
of unincorporated San Diego County, California. An incidental take 
permit was first issued for the HCP on April 20, 2015, and will expire 
on April 20, 2020.

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 ESA (16 U.S.C. 1531 
et seq.).

Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2020-07688 Filed 4-10-20; 8:45 am]
 BILLING CODE 4333-15-P