Habitat Conservation Plan for Seven Species in the Santa Clara River Watershed; Categorical Exclusion for Foothill Feeder Inspection and Maintenance Activities, Los Angeles County, California, 58782-58783 [2018-25397]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 83, Number 225 (Wednesday, November 21, 2018)]
[Notices]
[Pages 58782-58783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25397]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2018-N141; FXES11140800000-189-FF08EVEN00]


Habitat Conservation Plan for Seven Species in the Santa Clara 
River Watershed; Categorical Exclusion for Foothill Feeder Inspection 
and Maintenance Activities, Los Angeles County, 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), have 
received an application from Metropolitan Water District of Southern 
California for an incidental take permit under the Endangered Species 
Act. The permit would authorize take of the federally endangered 
unarmored threespine stickleback, arroyo toad, the federally threatened 
California red-legged frog, and non-listed Santa Ana sucker, western 
spadefoot, two-striped garter snake, and western pond turtle incidental 
to otherwise lawful activities associated with the inspection and 
maintenance of the Foothill Feeder water conveyance pipeline in the 
draft habitat conservation plan prepared for the project. We invite 
public comment.

DATES: Written comments should be received on or before December 21, 
2018.

ADDRESSES: 
    To obtain documents: You may download a copy of the draft habitat 
conservation plan and draft low-effect screening form and environmental 
action statement at https://www.fws.gov/ventura/, or you may request 
copies of the documents by U.S. mail (below) or by phone (see FOR 
FURTHER INFORMATION CONTACT).
    To submit written comments: Please send us your written comments 
using one of the following methods:
     U.S. mail: Send your comments to Stephen P. Henry, Field 
Supervisor, Ventura Fish and Wildlife Office, U.S. Fish and Wildlife 
Service, 2493 Portola Road, Suite B, Ventura, CA 93003.
     Facsimile: Fax your comments to 805-644-3958.

FOR FURTHER INFORMATION CONTACT: Chris Dellith, Fish and Wildlife 
Biologist, 805-677-3308 (phone), or at the Ventura address in 
ADDRESSES.

SUPPLEMENTARY INFORMATION: We have received an application for an 
incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the 
Endangered Species Act, as amended (ESA; 16 U.S.C. 1531 et seq.). The 
applicant has developed a draft habitat conservation plan (HCP) for the 
project that includes measures to mitigate and minimize impacts to 
seven covered species: the federally endangered unarmored threespine 
stickleback (Gasterosteus aculeatus williamsoni), a fish, and the 
arroyo toad (Anaxyrus californicus); the federally threatened 
California red-legged frog (Rana draytonii); and the non-listed Santa 
Ana sucker (Catostomus santaanae), a fish; western spadefoot (Spea 
hammondii), a toad; two-striped garter snake (Thamnophis hammondii); 
and western pond turtle (Emys marmorata). (The non-listed Santa Ana 
sucker (Catostomus santaanae) is federally listed as threatened outside 
of the area covered in the habitat conservation plan.) The permit would 
authorize take of any of these species incidental to otherwise lawful 
activities associated with the Foothill Feeder Inspection and 
Maintenance Activities HCP. We invite public comment on the 
application, the draft HCP, draft low-effect screening form, and 
environmental action statement.

Background

    The unarmored threespine stickleback was listed by the Service as 
endangered on October 13, 1970 (35 FR 16047). The arroyo toad was 
listed by the Service as endangered on December 16, 1994 (59 FR 64859). 
The California red-legged frog was listed by the Service as threatened 
on May 23, 1996 (61 FR 25813). The Santa Ana sucker was listed by the 
Service as threatened, outside of the area covered by the draft HCP, on 
April 12, 2000 (65 FR 19686). The western spadefoot is currently under 
the Service's review for listing pursuant to the ESA (80 FR 37568). The 
two-striped garter snake is not federally listed, nor is it being 
considered for listing pursuant to the ESA at this time. The western 
pond turtle is currently under the Service's review for listing 
pursuant to the ESA (80 FR 19259). Section 9 of the ESA and its 
implementing regulations prohibit the take of fish or wildlife species 
listed as endangered or threatened. ``Take'' is defined under the ESA 
to include the following activities: ``[T]o harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture, or collect, or to attempt to engage 
in any such conduct'' (16 U.S.C. 1532); however, under section 
10(a)(1)(B) of the ESA, we may issue permits to authorize incidental 
take of listed species. ``Incidental take'' is defined by the ESA as 
take that is incidental to, and not the purpose of, carrying out of an 
otherwise lawful activity. Regulations governing incidental take 
permits for threatened and endangered species are in the Code of 
Federal Regulations (CFR) at 50 CFR 17.32 and 17.22, respectively. 
Under the ESA, protections for federally listed plants differ from the 
protections afforded to federally listed animals. Issuance of an 
incidental take permit also must not jeopardize the existence of 
federally listed fish, wildlife, or plant species. The permittees would 
receive assurances under our ``No Surprises'' regulations ((50 CFR 
17.22(b)(5) and 17.32(b)(5)) regarding conservation activities for the 
unarmored threespine stickleback, arroyo toad, California red-legged 
frog, Santa Ana sucker, western spadefoot, two-striped garter snake, 
and western pond turtle.

Applicant's Proposed Activities

    The applicant has applied for a permit for incidental take of the 
unarmored threespine stickleback, arroyo toad, California red-legged 
frog, Santa Ana sucker, western spadefoot, two-striped garter snake, 
and western pond turtle. Take is likely to occur in association with 
activities necessary to inspect and maintain the Foothill Feeder water

[[Page 58783]]

conveyance pipeline. The covered area consists of approximately 22 
river miles, within the Santa Clara River watershed, of cottonwood-
willow, transitional riparian, alluvial sage scrub, oak woodland, 
upland scrub, and aquatic habitat, which provides suitable habitat for 
the unarmored threespine stickleback, arroyo toad, California red-
legged frog, Santa Ana sucker, western spadefoot, two-striped garter 
snake, and western pond turtle. The covered area has no designated 
critical habitat for the covered species. The HCP includes measures to 
minimize take of the covered species in the form of injury and 
mortality. Mitigation for unavoidable take of the species consists of 
creating, restoring, and enhancing up to 40 acres of cottonwood-willow, 
transitional riparian, alluvial sage scrub, oak woodland, upland scrub, 
and aquatic habitat.

Our Preliminary Determination

    The Service made a preliminary determination that issuance of the 
incidental take permit is neither a major Federal action that will 
significantly affect the quality of the human environment within the 
meaning of section 102(2)(C) of NEPA (42 U.S.C. 4321 et seq.), nor will 
it individually or cumulatively have more than a negligible effect on 
the species covered in the HCP. The Service considers the effects of 
the taking of the covered species to be minor because project 
activities resulting in incidental take of the covered species would 
occur infrequently (approximately every 5 years over a period of 
several weeks), the applicant has proposed a series of measures to 
avoid and minimize impacts to the covered species, and the applicant 
has committed to creating, restoring, and enhancing up to 40 acres of 
occupied or otherwise suitable habitat for the covered species within 
the Santa Clara River watershed. Therefore, based on this preliminary 
determination, the permit qualifies for a categorical exclusion under 
NEPA.

Public Comments

    If you wish to comment on the permit application, draft HCP, and 
associated documents, you may submit comments by one of the methods in 
ADDRESSES.
    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 view, 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.) and NEPA regulations (40 CFR 1506.6).

    Dated: November 13, 2018.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2018-25397 Filed 11-20-18; 8:45 am]
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