[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Notices]
[Pages 48684-48686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17200]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2022-0027; FXES11140800000-223-FF08ECAR00]


Endangered and Threatened Wildlife and Plants; Incidental Take 
Permit Application; Proposed Habitat Conservation Plan Amendment and 
Associated Documents; County of San Diego, 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 (Service), announce the 
receipt of an application for an incidental take permit (ITP) under the 
Endangered Species Act, and a draft habitat conservation plan 
amendment, from San Diego Gas & Electric. We have also prepared a draft 
environmental assessment under the National Environmental Policy Act.

DATES: We will accept comments received or postmarked on or before 
September 9, 2022.

ADDRESSES: 
    Obtaining Documents: Electronic copies of the documents this notice 
announces, along with public comments received, will be available 
online in Docket No. FWS-R8-ES-2022-0027 at https://www.regulations.gov.
    Submitting Comments: You may submit comments by one of the 
following methods:
     Email: [email protected]. Please include ``San Diego 
Gas & Electric HCP Amendment'' at the beginning of your comments.
     Hardcopy: Submit comments by U.S. mail to: Assistant Field 
Supervisor, Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife 
Service, 2177 Salk Avenue, Suite 250, Carlsbad, CA 92008.

FOR FURTHER INFORMATION CONTACT: Mr. Jonathan Snyder, Assistant Field 
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES); 
telephone: 760-431-9440. Individuals in the United States who are deaf, 
deafblind, hard of hearing, or have a speech disability may dial 711 
(TTY, TDD, or TeleBraille) to access telecommunications relay services. 
Individuals outside the United States should use the relay services 
offered within their country to make international calls to the point-
of-contact in the United States.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from San Diego Gas & Electric 
(SDG&E) for an incidental take permit (ITP) through the year 2050 that 
would cover 41 species, pursuant to section 10(a)(1)(B) of the 
Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et 
seq.). SDG&E has prepared the Public Review Draft San Diego Gas & 
Electric Company Habitat Conservation Plan Amendment 2022 (HCP 
amendment), which would amend their 1995 Subregional Natural Community 
Conservation Plan and Habitat Conservation Plan (subregional HCP) 
pursuant to section 10(a)(1)(B) of the Act. The HCP Amendment includes 
41 covered species, and the applicant is requesting the authorization 
of incidental take of the 25 covered wildlife species that could result 
from activities covered under the HCP amendment. The HCP amendment

[[Page 48685]]

includes a conservation program to avoid, minimize, and mitigate for 
covered activities.
    The HCP amendment also includes an eagle conservation plan (ECP) 
that SDG&E developed with the Service. The ECP provides the information 
required by the Bald and Golden Eagle Protection Act (BGEPA; 16 U.S.C. 
668 and 50 CFR 22) and the Service's final rule revising the 
regulations that govern the Service's eagle take permit program (50 CFR 
13; 50 CFR 22; and 81 FR 91494, December 16, 2016) to continue 
including bald eagle (Haliaeetus leucocephalus) and golden eagle 
(Aquila chrysaetos) as covered species under the HCP amendment.
    In connection with the application, we have prepared a draft 
environmental assessment (draft EA) under the National Environmental 
Policy Act of 1967, as amended (42 U.S.C. 4321 et seq.; NEPA), and its 
implementing regulations in the Code of Federal Regulations (CFR) at 40 
CFR 1506.6.
    We are requesting comments on the permit application and on the 
draft EA.

Background

    Section 9 of the Act and its implementing Federal regulations 
prohibit the ``take'' of animal species listed as endangered or 
threatened. Take is defined under the Act as to ``harass, harm, pursue, 
hunt, shoot, wound, kill, trap, capture, or collect, 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 Act, the Service may issue permits 
to authorize incidental take of listed species. ``Incidental taking'' 
is defined as ``any taking otherwise prohibited, if such taking is 
incidental to, and not the purpose of, the carrying out an otherwise 
lawful activity'' (50 CFR 17.3). Regulations governing incidental take 
permits for endangered and threatened species, respectively, are found 
at 50 CFR 17.22 and 50 CFR 17.32.

Proposed Action

    The Service would issue an ITP to SDG&E for the amendment to its 
subregional HCP for certain covered activities. SDG&E has requested an 
ITP for 41 covered species, including 25 animals and 16 plants, of 
which 31 are currently listed as threatened or endangered under the 
Act. Implementation of the HCP amendment may result in 400 acres (ac) 
of permanent impacts, 210 ac of temporary impacts, and 210 ac of 
wildfire fuels management impacts to habitat supporting covered 
species. The impacts anticipated are in addition to the 400 ac of 
habitat impacts authorized and mitigated under ITP No. PRT-809637 for 
the subregional HCP. The original ITP for the subregional HCP was set 
to expire in 2050, and the ITP for the HCP amendment is anticipated to 
have the same expiration date.

Plan Area

    The HCP amendment plan area has been expanded from that for the 
subregional HCP to include all of SDG&E's 2,815,930-ac service area in 
all of San Diego County and portions of Orange and Riverside Counties. 
The plan area includes all of SDG&E's gas and electric transmission and 
distribution facilities, rights-of-way, buffer lands, areas owned by 
SDG&E and/or subject to SDG&E easements, access routes, and those areas 
acquired as mitigation to offset the impacts resulting from covered 
activities. The total plan area includes approximately 2,021,745 ac (72 
percent) of natural land cover types and 794,185 ac (28 percent) of 
other land cover types (e.g., agriculture, disturbed habitat, 
eucalyptus woodland, and urban/developed).

Covered Activities

    The proposed section 10 ITP would allow take of covered wildlife 
species resulting from covered activities in the proposed HCP amendment 
plan area. SDG&E is requesting incidental take authorization for 
covered species that could be affected by activities identified in the 
HCP amendment. The HCP amendment covers all SDG&E operations and 
maintenance (O&M), minor new construction, and wildfire fuels 
management that may result in take of covered species in the plan area. 
O&M activities occur throughout SDG&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 preserves or proposed preserves, is 
limited to 1.75 acres per project. Impacts greater than 1.75 acres from 
minor new construction in preserves or proposed preserves would require 
a minor amendment approved by the Service as described in the HCP 
amendment. Minor amendments are permissible without amending the 
underlying section 10(a)(l)(B) permit, provided that the Service 
determines that the changes do not (1) result in additional incidental 
take of/impacts to covered species not analyzed in connection with the 
original HCP amendment; (2) result in operations under the HCP 
amendment that are significantly different from those analyzed in 
connection with the original HCP amendment; or (3) have adverse effects 
on the environment that are new or significantly different from those 
analyzed in connection with the original HCP amendment.

Covered Species

    Covered species are those species addressed in the HCP amendment 
for which conservation actions will be implemented and for which SDG&E 
is seeking an ITP. Proposed covered species include the following 
wildlife species that are listed as threatened (T) or endangered (E) 
under the Act: San Diego fairy shrimp (Branchinecta sandiegonensis, E), 
Riverside fairy shrimp (Streptocephalus woottoni, E), Laguna Mountains 
skipper (Pyrgus ruralis lagunae, E), Hermes copper butterfly (Lycaena 
hermes, T), arroyo toad (Anaxyrus californicus, E), California red-
legged frog (Rana draytonii, E), western snowy plover (Pacific Coast 
Population Distinct Population Segment (DPS) [Charadrius nivosus 
nivosus (C. alexandrinus n.), T], western yellow-billed cuckoo 
(Coccyzus americanus occidentalis, E), southwestern willow flycatcher 
(Empidonax traillii extimus, E), coastal California gnatcatcher 
(Polioptila californica californica, T), light-footed Ridgway's 
(=clapper) rail [Rallus obsoletus (=longirostris) levipes, E], 
California least tern [Sternula antillarum browni (Sterna a. b.), E], 
least Bell's vireo (Vireo bellii pusillus, E), Stephens' kangaroo rat 
(Dipodomys stephensi, T), peninsular bighorn sheep (Ovis canadensis 
nelson, E), and Pacific pocket mouse (Perognathus longimembris 
pacificus, E).
    The golden eagle (Aquila chrysaetos) and the bald eagle (Haliaeetus 
leucocephalus) are also covered species in the HCP amendment, along 
with other regionally sensitive wildlife species, including western 
spadefoot (Spea hammondii), western pond turtle (Actinemys marmorata), 
coast horned lizard (Phrynosoma blainvillii), tricolored blackbird 
(Agelaius tricolor), burrowing owl (Athene cunicularia), coastal cactus 
wren (Campylorhynchus brunneicapillus sandiegensis) and the Belding's 
savannah sparrow (Passerculus sandwichensis beldingi).
    The definition of ``take'' in the Act does not apply to plants. 
However, SDG&E proposes to include federally

[[Page 48686]]

listed plant species in recognition of the conservation benefits 
provided for them under the HCP amendment. For the purposes of the HCP 
amendment, federally listed plant species are further included to meet 
regulatory obligations under section 7 of the Act. SDG&E would receive 
assurances for all species included on the ITP under Service's ``No 
Surprises'' regulations found at 50 CFR 17.22(b)(5) and 50 CFR 
17.32(b)(5). The following federally listed plant species are included 
as covered species in the HCP amendment: San Diego thorn-mint 
(Acanthomintha ilicifolia, T), San Diego ambrosia (Ambrosia pumila, E), 
Del Mar manzanita (Arctostaphylos glandulosa ssp. crassifolia, E) 
Encinitas baccharis (Baccharis vanessae, T), thread-leaved brodiaea 
(Brodiaea filifolia), Salt marsh bird's-beak (Chloropyron maritimum 
ssp. maritimum, E), Orcutt's spineflower (Chorizanthe orcuttiana, E), 
Otay tarplant (Deinandra conjugens, T), San Diego button-celery 
(Eryngium aristulatum var. parishii, E), willowy monardella (Monardella 
viminea, E), spreading navarretia (Navarretia fossalis, T), California 
Orcutt grass (Orcuttia californica, E), San Diego mesa mint (Pogogyne 
abramsii, E), and Otay Mesa mint (Pogogyne nudiuscula, E).

National Environmental Policy Act Compliance

    The draft EA was prepared to analyze the impacts of issuing an ITP 
based on the HCP amendment and to inform the public of the proposed 
action, alternatives, and associated impacts and disclose any 
irreversible commitments of resources. The proposed ITP issuance 
triggers the need for compliance with NEPA. The proposed action 
presented in the draft EA is compared to the no-action alternative. The 
no-action alternative represents estimated future conditions to which 
the proposed action's estimated future conditions can be compared.

Next Steps

    We will evaluate the proposed HCP amendment and comments we receive 
to determine whether the permit application meets the requirements and 
issuance criteria under section 10(a) of the Act (16 U.S.C. 1531 et 
seq.). We will also evaluate whether issuance of a section 10 ITP would 
comply with section 7 of the Act by conducting an intra-Service 
consultation. We will use the results of this consultation, in 
combination with the above findings, in our final analysis to determine 
whether or not to issue an ITP. If the requirements and issuance 
criteria under section 10(a) are met, we will issue the ITP to SDG&E 
for incidental take of covered species.

Public Comments

    If you wish to comment on the permit application, proposed HCP 
amendment, and associated documents, you may submit comments by any of 
the methods noted in the ADDRESSES section.

Public Availability of Comments

    Before including your name, 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 Act (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2022-17200 Filed 8-9-22; 8:45 am]
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