Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan and Associated Documents; County of San Diego, California, 30264-30265 [2015-12720]
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30264
Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices
permit application and on the
preliminary determination that the
proposed HCP qualifies as a ‘‘loweffect’’ Habitat Conservation Plan,
eligible for a categorical exclusion under
the National Environmental Policy Act
(NEPA) of 1969, as amended. The basis
for this determination is discussed in
Applicant: Terry Small, West Lafayette,
the environmental action statement
IN; PRT–65614B
(EAS) and associated low-effect
screening form, which are also available
Applicant: Walter Lewis, Wichita, KS;
for public review.
PRT–65908B
DATES: Written comments should be
B. Endangered Marine Mammals and
received on or before June 26, 2015.
Marine Mammals
ADDRESSES: Submitting Comments: You
Applicant: British Broadcasting
may submit comments by one of the
Corporation–Ocean, Bristol, England,
following methods:
UK; PRT–59492B
• U.S. Mail: Field Supervisor, Fish
and Wildlife Service, Carlsbad Fish and
The applicant requests a permit to
photograph southern sea otters (Enhydra Wildlife Office, 2177 Salk Avenue, Suite
lutris nereis) from land, underwater, and 250, Carlsbad, CA 92008.
• Fax: Field Supervisor, 760–431–
boat in California, and northern sea
9624.
otters (Enhydra lutris kenyoni) from
Obtaining Documents: To request
underwater in Washington for
copies of the application, proposed
commercial and educational purposes.
HCP, and EAS, contact the Service
This notification covers activities to be
immediately, by telephone at 760–431–
conducted by the applicant for less than
9440 or by letter to the Carlsbad Fish
a 2-year period.
and Wildlife Office (see ADDRESSES).
Concurrent with publishing this
Copies of the proposed HCP and EAS
notice in the Federal Register, we are
also are available for public inspection
forwarding copies of the above
during regular business hours at the
applications to the Marine Mammal
Carlsbad Fish and Wildlife Office (see
Commission and the Committee of
ADDRESSES).
Scientific Advisors for their review.
FOR FURTHER INFORMATION CONTACT: Ms.
Brenda Tapia,
Karen A. Goebel, Assistant Field
Program Analyst/Data Administrator, Branch Supervisor, Carlsbad Fish and Wildlife
of Permits, Division of Management
Office (see ADDRESSES); telephone 760–
Authority.
431–9440. If you use a
[FR Doc. 2015–12732 Filed 5–26–15; 8:45 am]
telecommunications device for the deaf
BILLING CODE 4310–55–P
(TDD), please call the Federal
Information Relay Service (FIRS) at
800–877–8339.
DEPARTMENT OF THE INTERIOR
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service (Service),
Fish and Wildlife Service
have received an application from Main
[FWS–R8–ES–2015–N059; FXES11120000–
16, LP. (applicant) for a 5-year
156–FF08ECAR00]
incidental take permit for one covered
species pursuant to section 10(a)(1)(B)
Endangered and Threatened Wildlife
of the Endangered Species Act of 1973,
and Plants; Incidental Take Permit
as amended (16 U.S.C. 1531 et seq.,
Application; Proposed Low-Effect
Act). The application addresses the
Habitat Conservation Plan and
Associated Documents; County of San potential ‘‘take’’ of the endangered San
Diego fairy shrimp in the course of
Diego, California
activities associated with the
AGENCY: Fish and Wildlife Service,
construction of the Main 16, LP.
Interior.
Ramona commercial development
project in unincorporated San Diego
ACTION: Notice of availability; request
County, California. A conservation
for comments.
program to avoid, minimize, and
SUMMARY: We, the U.S. Fish and
mitigate for project activities would be
Wildlife Service (Service), have received implemented as described in the
an application from Main 16, LP.
proposed Habitat Conservation Plan
(applicant) for a 5-year incidental take
(HCP) by the applicant.
We are requesting comments on the
permit for the endangered San Diego
fairy shrimp pursuant to the Endangered permit application and on the
preliminary determination that the
Species Act of 1973, as amended (Act).
proposed HCP qualifies as a ‘‘lowWe are requesting comments on the
mstockstill on DSK4VPTVN1PROD with NOTICES
trophy of one male bontebok
(Damaliscus pygargus pygargus) culled
from a captive herd maintained under
the management program of the
Republic of South Africa, for the
purpose of enhancement of the survival
of the species.
VerDate Sep<11>2014
16:45 May 26, 2015
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Frm 00059
Fmt 4703
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effect’’ Habitat Conservation Plan,
eligible for a categorical exclusion under
the National Environmental Policy Act
(NEPA) of 1969, as amended. The basis
for this determination is discussed in
the environmental action statement
(EAS) and associated low-effect
screening form, which are also available
for public review.
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 listed species, or
to attempt to engage in any 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 take’’ is
defined by the Act as take that is
incidental to, and not the purpose of,
carrying out an otherwise lawful
activity. Regulations governing
incidental take permits for threatened
and endangered species, respectively,
are found at 50 CFR 17.22 and 50 CFR
17.32.
The applicant requests a 5-year permit
under section 10(a)(1)(B) of the Act. If
we approve the permit, the applicant
anticipates taking San Diego fairy
shrimp (Branchinecta sandiegonensis)
as a result of permanent impacts to 0.01
acre (ac) of habitat the species uses for
breeding, feeding, and sheltering. The
take would be incidental to the
applicant’s activities associated with the
construction of the Main 16, LP.
Ramona commercial development
project in San Diego County, California,
and includes the purchase of two vernal
pool/basin with fairy shrimp
conservation credits (i.e., 0.2 ac of
vernal pool basin and 1.8 ac of
associated watershed) at the Ramona
Grasslands Conservation Bank (Bank).
The Main 16, LP. Ramona project
proposes to grade 2.5 ac to construct
commercial buildings and an associated
parking lot. The project would include
all construction activities related to site
preparation (grading and/or
compaction), facilities construction, and
site finish (landscaping). The project
will permanently impact 0.01 ac of
ponded basin and associated watershed
occupied by San Diego fairy shrimp as
a result of the development activities.
E:\FR\FM\27MYN1.SGM
27MYN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices
To minimize take of San Diego fairy
shrimp by the Main 16, LP. Ramona
commercial development project and
offset impacts to its habitat, the
applicant proposes to mitigate for
permanent impacts to approximately
0.01 ac of occupied San Diego fairy
shrimp habitat through the purchase of
two vernal pool/basin with San Diego
fairy shrimp conservation credits at the
Bank. The applicant’s proposed HCP
also contains the following proposed
measures to minimize the effects of
development activities on the San Diego
fairy shrimp:
• Grading limits will be delineated
with construction fencing and silt
fencing to ensure that impact limits do
not extend beyond the allowed limits of
development.
• A biologist will monitor grading of
the site daily (or as determined
necessary by the monitoring biologist)
and provide a letter summarizing
compliance with the construction limits
of the proposed project to the Service
within 1 month of completion of project
grading.
• The project construction contractor
will conduct grading outside the rainy
season (October 1 through March 31). If
grading is to be done after October 1 and
ponding of the basins has not occurred,
the applicant will submit a proposed
grading strategy for review and approval
by the Service that will ensure that
indirect impacts are avoided to the
existing basins located immediately
adjacent to the project site. No grading
will occur during this timeframe
without written concurrence from the
Service.
• Avoidance of long-term indirect
impacts to fairy shrimp-occupied basins
immediately adjacent to the site will be
achieved by ensuring that flows from
the project site are directed away from
basins immediately off site to the west
and have been adequately treated
through the use of best management
practices (BMPs) during construction
and throughout the life of the project.
These BMPs include treating all flows
on site through the use of a retention/
infiltration basin prior to outletting into
the storm drain system.
The above described impacts and
mitigation will occur within designated
critical habitat for the San Diego fairy
shrimp. No other listed species or
designated critical habitat occurs within
the project site.
Proposed Action and Alternatives
The Proposed Action consists of the
issuance of an incidental take permit
and implementation of the proposed
HCP, which includes measures to avoid,
minimize, and mitigate impacts to the
VerDate Sep<11>2014
16:45 May 26, 2015
Jkt 235001
San Diego fairy shrimp. If we approve
the permit, take of San Diego fairy
shrimp would be authorized for the
applicant’s activities associated with the
construction of the Main 16, LP.
Ramona commercial development
project. In the proposed HCP, the
applicant considers alternatives to the
taking of San Diego fairy shrimp under
the proposed action. Because of the
small size of the site and the need to
avoid both the basins and watershed of
the basins, an alternative site plan that
would have maintained some of the
ponded basins on site (i.e., a reduced
footprint alternative) was not feasible.
The Applicant also considered the No
Action Alternative. Under the No
Action Alternative, no San Diego fairy
shrimp habitat would be impacted or
conserved.
Our Preliminary Determination
The Service has made a preliminary
determination that approval of the
proposed HCP qualifies as a categorical
exclusion under NEPA, as provided by
the Department of the Interior Manual
(516 DM 2 Appendix 1 and 516 DM 6
Appendix 1) and as a ‘‘low-effect’’ plan
as defined by the Habitat Conservation
Planning Handbook (November 1996).
We base our determination that a HCP
qualifies as a low-effect plan on the
following three criteria:
(1) Implementation of the HCP would
result in minor or negligible effects on
federally listed, proposed, and
candidate species and their habitats,
including designated critical habitat;
(2) Implementation of the HCP would
result in minor or negligible effects on
other environmental values or
resources; and
(3) Impacts of the HCP, considered
together with the impacts of other past,
present, and reasonably foreseeable
similarly situated projects, would not
result, over time, in cumulative effects
to environmental values or resources
that would be considered significant.
Based upon this preliminary
determination, we do not intend to
prepare further NEPA documentation.
We will consider public comments in
making the final determination on
whether to prepare such additional
documentation.
Next Steps
We will evaluate the proposed HCP
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(a)(1)(B)
incidental take permit would comply
with section 7 of the Act by conducting
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
30265
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 a permit. If the
requirements and issuance criteria
under section 10(a) are met, we will
issue the permit to the applicant for
incidental take of San Diego fairy
shrimp.
Public Comments
If you wish to comment on the permit
application, proposed HCP, and
associated documents, you may submit
comments by any of the methods noted
in the ADDRESSES section.
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 Act (16 U.S.C. 1531 et seq.)
and NEPA regulations (40 CFR 1506.6).
G. Mendel Stewart,
Field Supervisor, Carlsbad Fish and Wildlife
Office, Carlsbad, California.
[FR Doc. 2015–12720 Filed 5–26–15; 8:45 am]
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INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of Complaint;
Solicitation of Comments Relating to
the Public Interest
U.S. International Trade
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ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
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entitled Certain Electric Skin Care
Devices, Brushes and Chargers Therefor,
and Kits Containing Same, DN 3067; the
Commission is soliciting comments on
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§ 210.8(b)).
FOR FURTHER INFORMATION CONTACT: Lisa
R. Barton, Secretary to the Commission,
U.S. International Trade Commission,
SUMMARY:
E:\FR\FM\27MYN1.SGM
27MYN1
]]>Agencies
[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Pages 30264-30265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12720]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2015-N059; FXES11120000-156-FF08ECAR00]
Endangered and Threatened Wildlife and Plants; Incidental Take
Permit Application; Proposed Low-Effect Habitat Conservation Plan and
Associated Documents; County of San Diego, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from Main 16, LP. (applicant) for a 5-year
incidental take permit for the endangered San Diego fairy shrimp
pursuant to the Endangered Species Act of 1973, as amended (Act). We
are requesting comments on the permit application and on the
preliminary determination that the proposed HCP qualifies as a ``low-
effect'' Habitat Conservation Plan, eligible for a categorical
exclusion under the National Environmental Policy Act (NEPA) of 1969,
as amended. The basis for this determination is discussed in the
environmental action statement (EAS) and associated low-effect
screening form, which are also available for public review.
DATES: Written comments should be received on or before June 26, 2015.
ADDRESSES: Submitting Comments: You may submit comments by one of the
following methods:
U.S. Mail: Field Supervisor, Fish and Wildlife Service,
Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250,
Carlsbad, CA 92008.
Fax: Field Supervisor, 760-431-9624.
Obtaining Documents: To request copies of the application, proposed
HCP, and EAS, contact the Service immediately, by telephone at 760-431-
9440 or by letter to the Carlsbad Fish and Wildlife Office (see
ADDRESSES). Copies of the proposed HCP and EAS also are available for
public inspection during regular business hours at the Carlsbad Fish
and Wildlife Office (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Ms. Karen A. Goebel, Assistant Field
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES);
telephone 760-431-9440. If you use a telecommunications device for the
deaf (TDD), please call the Federal Information Relay Service (FIRS) at
800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from Main 16, LP. (applicant)
for a 5-year incidental take permit for one covered species pursuant to
section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended
(16 U.S.C. 1531 et seq., Act). The application addresses the potential
``take'' of the endangered San Diego fairy shrimp in the course of
activities associated with the construction of the Main 16, LP. Ramona
commercial development project in unincorporated San Diego County,
California. A conservation program to avoid, minimize, and mitigate for
project activities would be implemented as described in the proposed
Habitat Conservation Plan (HCP) by the applicant.
We are requesting comments on the permit application and on the
preliminary determination that the proposed HCP qualifies as a ``low-
effect'' Habitat Conservation Plan, eligible for a categorical
exclusion under the National Environmental Policy Act (NEPA) of 1969,
as amended. The basis for this determination is discussed in the
environmental action statement (EAS) and associated low-effect
screening form, which are also available for public review.
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 listed species, or
to attempt to engage in any 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
take'' is defined by the Act as take that is incidental to, and not the
purpose of, carrying out an otherwise lawful activity. Regulations
governing incidental take permits for threatened and endangered
species, respectively, are found at 50 CFR 17.22 and 50 CFR 17.32.
The applicant requests a 5-year permit under section 10(a)(1)(B) of
the Act. If we approve the permit, the applicant anticipates taking San
Diego fairy shrimp (Branchinecta sandiegonensis) as a result of
permanent impacts to 0.01 acre (ac) of habitat the species uses for
breeding, feeding, and sheltering. The take would be incidental to the
applicant's activities associated with the construction of the Main 16,
LP. Ramona commercial development project in San Diego County,
California, and includes the purchase of two vernal pool/basin with
fairy shrimp conservation credits (i.e., 0.2 ac of vernal pool basin
and 1.8 ac of associated watershed) at the Ramona Grasslands
Conservation Bank (Bank).
The Main 16, LP. Ramona project proposes to grade 2.5 ac to
construct commercial buildings and an associated parking lot. The
project would include all construction activities related to site
preparation (grading and/or compaction), facilities construction, and
site finish (landscaping). The project will permanently impact 0.01 ac
of ponded basin and associated watershed occupied by San Diego fairy
shrimp as a result of the development activities.
[[Page 30265]]
To minimize take of San Diego fairy shrimp by the Main 16, LP.
Ramona commercial development project and offset impacts to its
habitat, the applicant proposes to mitigate for permanent impacts to
approximately 0.01 ac of occupied San Diego fairy shrimp habitat
through the purchase of two vernal pool/basin with San Diego fairy
shrimp conservation credits at the Bank. The applicant's proposed HCP
also contains the following proposed measures to minimize the effects
of development activities on the San Diego fairy shrimp:
Grading limits will be delineated with construction
fencing and silt fencing to ensure that impact limits do not extend
beyond the allowed limits of development.
A biologist will monitor grading of the site daily (or as
determined necessary by the monitoring biologist) and provide a letter
summarizing compliance with the construction limits of the proposed
project to the Service within 1 month of completion of project grading.
The project construction contractor will conduct grading
outside the rainy season (October 1 through March 31). If grading is to
be done after October 1 and ponding of the basins has not occurred, the
applicant will submit a proposed grading strategy for review and
approval by the Service that will ensure that indirect impacts are
avoided to the existing basins located immediately adjacent to the
project site. No grading will occur during this timeframe without
written concurrence from the Service.
Avoidance of long-term indirect impacts to fairy shrimp-
occupied basins immediately adjacent to the site will be achieved by
ensuring that flows from the project site are directed away from basins
immediately off site to the west and have been adequately treated
through the use of best management practices (BMPs) during construction
and throughout the life of the project. These BMPs include treating all
flows on site through the use of a retention/infiltration basin prior
to outletting into the storm drain system.
The above described impacts and mitigation will occur within
designated critical habitat for the San Diego fairy shrimp. No other
listed species or designated critical habitat occurs within the project
site.
Proposed Action and Alternatives
The Proposed Action consists of the issuance of an incidental take
permit and implementation of the proposed HCP, which includes measures
to avoid, minimize, and mitigate impacts to the San Diego fairy shrimp.
If we approve the permit, take of San Diego fairy shrimp would be
authorized for the applicant's activities associated with the
construction of the Main 16, LP. Ramona commercial development project.
In the proposed HCP, the applicant considers alternatives to the taking
of San Diego fairy shrimp under the proposed action. Because of the
small size of the site and the need to avoid both the basins and
watershed of the basins, an alternative site plan that would have
maintained some of the ponded basins on site (i.e., a reduced footprint
alternative) was not feasible. The Applicant also considered the No
Action Alternative. Under the No Action Alternative, no San Diego fairy
shrimp habitat would be impacted or conserved.
Our Preliminary Determination
The Service has made a preliminary determination that approval of
the proposed HCP qualifies as a categorical exclusion under NEPA, as
provided by the Department of the Interior Manual (516 DM 2 Appendix 1
and 516 DM 6 Appendix 1) and as a ``low-effect'' plan as defined by the
Habitat Conservation Planning Handbook (November 1996).
We base our determination that a HCP qualifies as a low-effect plan
on the following three criteria:
(1) Implementation of the HCP would result in minor or negligible
effects on federally listed, proposed, and candidate species and their
habitats, including designated critical habitat;
(2) Implementation of the HCP would result in minor or negligible
effects on other environmental values or resources; and
(3) Impacts of the HCP, considered together with the impacts of
other past, present, and reasonably foreseeable similarly situated
projects, would not result, over time, in cumulative effects to
environmental values or resources that would be considered significant.
Based upon this preliminary determination, we do not intend to prepare
further NEPA documentation. We will consider public comments in making
the final determination on whether to prepare such additional
documentation.
Next Steps
We will evaluate the proposed HCP 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(a)(1)(B)
incidental take permit 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 a permit. If the
requirements and issuance criteria under section 10(a) are met, we will
issue the permit to the applicant for incidental take of San Diego
fairy shrimp.
Public Comments
If you wish to comment on the permit application, proposed HCP, and
associated documents, you may submit comments by any of the methods
noted in the ADDRESSES section.
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 Act (16 U.S.C. 1531
et seq.) and NEPA regulations (40 CFR 1506.6).
G. Mendel Stewart,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2015-12720 Filed 5-26-15; 8:45 am]
BILLING CODE 4310-55-P
