[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Notices]
[Pages 20517-20518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07691]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2020-N027; FXES11140800000-201-FF08ECAR00]


Receipt of Application for Renewal of the Incidental Take Permit; 
Low-Effect Habitat Conservation Plan for the Endangered San Diego Fairy 
Shrimp, 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 Main 16, LP for the 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 renewed, no 
additional take above the original authorized limit of four basins 
(0.01 acre of ponded area) of habitat will be authorized. The permit 
would authorize take of the federally endangered San Diego fairy 
shrimp, incidental to otherwise lawful activities associated with the 
low-effect habitat conservation plan for the Main 16, Limited 
Partnership Project. 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.

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.

[[Page 20518]]

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 ``Main 16, LP'' 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 Main 16, Limited 
Partnership (applicant) to renew incidental take permit TE74483B-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 
permit authorization by 5 years from the date the permit is reissued. 
The existing permit is valid from August 26, 2015, to August 26, 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 four basins 
(0.01 acre of ponded area) of habitat will be authorized. The permit 
would authorize take of the federally endangered San Diego fairy shrimp 
(Branchinecta sandiegonensis), incidental to otherwise lawful 
activities associated with the low-effect HCP for the Main 16, Limited 
Partnership Project.
    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 San Diego fairy shrimp was listed by the Service as endangered 
on February 3, 1997 (62 FR 4925). 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 of the endangered San Diego fairy shrimp. The potential 
taking would occur by activities associated with the construction of a 
commercial development (as defined in the HCP) in an area that supports 
suitable habitat for the covered species. The project is located on a 
2.5-acre property on Main Street in the Ramona area of unincorporated 
San Diego County, California. The applicant purchased two vernal pool/
basin with fairy shrimp conservation credits (i.e., 0.2 acre of vernal 
pool basin and 1.8 acres of associated watershed) at the Ramona 
Grasslands Conservation Bank as specified in the project's conservation 
measures. An incidental take permit was first issued for the HCP on 
August 26, 2015.

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. 2020-07691 Filed 4-10-20; 8:45 am]
 BILLING CODE 4333-15-P