Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan and Associated Documents; County of San Diego, California, 2174-2176 [2022-00623]
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2174
Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Notices
activities with endangered or threatened
species for scientific purposes that
promote recovery or for enhancement of
propagation or survival of the species.
These activities often include such
prohibited actions as capture and
collection. Our regulations
implementing section 10(a)(1)(A) for
these permits are found in the Code of
Federal Regulations (CFR) at 50 CFR
17.22 for endangered wildlife species,
Permit Applications Available for
Review and Comment
Proposed activities in the following
permit requests are for the recovery and
enhancement of propagation or survival
of the species in the wild. The ESA
requires that we invite public comment
before issuing these permits.
Accordingly, we invite local, State,
Tribal, and Federal agencies and the
public to submit written data, views, or
arguments with respect to these
applications. The comments and
recommendations that will be most
useful and likely to influence agency
decisions are those supported by
quantitative information or studies.
Application
number
Applicant, city, state
Species
Location
Take activity
ES012136 .......
Oregon Department of Environmental Quality, Hillsboro, OR.
Pacific Rim Conservation,
Honolulu, HI.
Lost River sucker (Deltistes
luxatus), Shortnose sucker
(Chasmistes brevirostris).
Hawaiian petrel (Pterodroma
sandwichensis), O1ahu
‘elepaio (listed in 50 CFR
17 as Oahu elepaio
(Chasiempis ibidis)).
Oregon ..........
Harass by capture, handle,
collect physical metrics, release, and salvage.
Hawaiian petrel: Harass by
survey, monitor, capture,
handle, collect physical
metrics, biosample, band,
translocate, captive propagate, release, and deploy
social attraction system.
O1ahu ‘elepaio: Harass by
survey, monitor, capture,
band, collect physical
metrics, biosample, attach
transmitters, and release.
ES67121B ......
Public Availability of Comments
Written comments we receive become
part of the administrative record
associated with this action. 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 request in your comment
that we withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so. All submissions
from organizations or businesses, and
from individuals identifying themselves
as representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
Next Steps
If we decide to issue a permit to an
applicant listed in this notice, we will
publish a notice in the Federal Register.
Authority
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50 CFR 17.32 for threatened wildlife
species, 50 CFR 17.62 for endangered
plant species, and 50 CFR 17.72 for
threatened plant species.
We publish this notice under section
10(c) of the Endangered Species Act of
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18:18 Jan 12, 2022
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Hawaii ...........
1973, as amended (16 U.S.C. 1531 et
seq.).
Katherine Norman,
Assistant Regional Director–Ecological
Services, Pacific Region.
[FR Doc. 2022–00622 Filed 1–12–22; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
[Docket No. FWS–R8–ES–2021–0169;
FXES11140800000–223–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
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), have received
an application from the Ramona
Municipal Water District (applicant) for
a 4-year incidental take permit for the
endangered Stephens’ kangaroo rat and
arroyo toad 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
SUMMARY:
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Renew.
Amend.
proposed habitat conservation plan
(HCP) qualifies as a ‘‘low-effect’’ HCP,
eligible for a categorical exclusion under
the National Environmental Policy Act
of 1969, as amended. The basis for this
determination is discussed in the
environmental action statement and the
associated low-effect screening form,
which are also available for public
review.
We will accept comments
received or postmarked on or before
February 14, 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–
2021–0169 at https://
www.regulations.gov.
Submitting Comments: You may
submit comments by one of the
following methods:
• Online: https://
www.regulations.gov. Search for and
submit comments on Docket No. FWS–
R8–ES–2021–0169.
• By hard copy: Submit comments by
U.S. mail to Public Comments
Processing, Attn: Docket No. FWS–R8–
ES–2021–0169; U.S. Fish and Wildlife
Service; 5275 Leesburg Pike, MS: PRB/
3W; Falls Church, VA 22041–3803.
FOR FURTHER INFORMATION CONTACT: Mr.
Jonathan Snyder, Assistant Field
Supervisor, Carlsbad Fish and Wildlife
Office (see ADDRESSES); telephone: 760–
DATES:
Fish and Wildlife Service
Permit action
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Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Notices
jspears on DSK121TN23PROD with NOTICES1
431–9440. If you use a
telecommunications device for the deaf
(TDD), please call the Federal Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service (Service),
have received an application from the
Ramona Municipal Water District
(applicant) for a 4-year incidental take
permit for two covered 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.). The application
addresses the potential ‘‘take’’ of the
endangered Stephens’ kangaroo rat and
arroyo toad in the course of activities
associated with installation of a 20-inchdiameter effluent pipeline in San Diego
County, California. A conservation
program to avoid, minimize, and
mitigate for project activities would be
implemented as described in the habitat
conservation plan (HCP) prepared by
the applicant.
We are requesting comments on the
permit application and on the
preliminary determination that the
proposed HCP qualifies as a ‘‘loweffect’’ HCP, 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 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 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 in the Code of Federal
Regulations at 50 CFR 17.22 and 50 CFR
17.32.
The applicant requests a 4-year permit
under section 10(a)(1)(B) of the Act. If
we approve the permit, Stephens’
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18:18 Jan 12, 2022
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kangaroo rat (Dipodomys stephensi)
may be taken as a result of temporary
impacts to 8.61 acres (ac) of habitat the
species uses for breeding, feeding, and
sheltering. Because potential incidental
take is unlikely to be observed in
burrows, the take limit will be set by
habitat, and we estimate the number of
individuals taken based on estimated
density. Within 8.61-acre area, average
Stephens’ kangaroo rat density is
categorized as low to trace (0–5
individuals per acre). In addition,
arroyo toads {a. southwestern t.
[Anaxyrus californicus (Bufo
microscaphus c.)]} may be taken within
the 11.59-acre project impact area. No
arroyo toad breeding habitat will be
impacted, but some individuals may be
aestivating (a prolonged period of
dormancy) within the project area. Any
individual arroyo toads observed within
the project area will be translocated to
nearby suitable habitat. The take would
be incidental to the applicant’s activities
associated with installation of a 20-inchdiameter effluent pipeline in San Diego
County, California. The project includes
in-perpetuity preservation and
management of 8.61 ac of Stephens’
kangaroo rat habitat within a 79-ac
preserve managed for the species, and
invasive species management in support
of the arroyo toad.
The proposed project will temporarily
impact 11.59 ac of land through
trenching and placement of the
pipeline, including 8.61 ac of Stephens’
kangaroo rat habitat. Arroyo toads have
been observed in wetland habitat near
the proposed project site, and
individual arroyo toad(s) may be
aestivating underground within the
project area and may be impacted
during construction.
To minimize the effects of project
construction on the Stephens’ kangaroo
rat, the proposed HCP includes fencing
of the work area as well as trapping and
relocation of individual Stephens’
kangaroo rats prior to construction
impacts. The applicant proposes to
mitigate for permanent impacts to
8.61 ac of occupied Stephens’ kangaroo
rat habitat through preservation of
8.61 ac of occupied Stephens’ kangaroo
rat habitat within a nearby conservation
easement and funding of long-term
management to benefit the species.
To minimize take of arroyo toad, the
proposed HCP includes measures to
install arroyo toad exclusionary fencing
around the work area and trap and
relocate any arroyo toads in the work
area prior to construction impacts. To
mitigate impacts to arroyo toad, the
applicant’s proposed HCP includes
measures to eliminate invasive species
that prey upon arroyo toads in a nearby
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2175
pond that is known to support arroyo
toad breeding.
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
Stephens’ kangaroo rat and arroyo toad.
If we approve the permit, take of
Stephens’ kangaroo rat and arroyo toad
would be authorized for the applicant’s
activities associated with the pipeline
installation project. In the proposed
HCP, the applicant considered the No
Action Alternative. Under the No
Action Alternative, no incidental take of
Stephens’ kangaroo rat or arroyo toad
would occur, and no long-term
protection and management would be
afforded to the species. Under this
alternative, the applicant would not be
able to meet the growth and
development needs of San Diego
County.
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 an
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;
(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.
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Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Notices
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 Stephens’ kangaroo
rat and arroyo toad.
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).
Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife
Office, Carlsbad, California.
[FR Doc. 2022–00623 Filed 1–12–22; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
[RR04093000, XXXR4081G3,
RX.05940913.FY19400]
Public Meeting of the Glen Canyon
Dam Adaptive Management Work
Group
Bureau of Reclamation,
Interior.
ACTION: Notice of public meeting.
jspears on DSK121TN23PROD with NOTICES1
AGENCY:
In accordance with the
Federal Advisory Committee Act of
1972, the Bureau of Reclamation
(Reclamation) is publishing this notice
to announce that a Federal Advisory
Committee meeting of the Glen Canyon
Dam Adaptive Management Work
Group (AMWG) will take place.
SUMMARY:
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18:18 Jan 12, 2022
Jkt 256001
The meeting will be held
virtually on Wednesday, February 9,
2022, from 9:30 a.m. to approximately
5:00 p.m. (MST); and Thursday,
February 10, 2022, from 9:30 a.m. to
approximately 4:00 p.m. (MST).
ADDRESSES: The meeting on Wednesday,
February 9 will be held virtually and
can be accessed at: https://
rec.webex.com/rec/j.php?MTID=
m2c4bb5a96cb62db32dbc28e2f608767e,
Meeting Number: 2764 737 4054,
Password: Feb9.
The meeting on Thursday, February
10 will be held virtually and can be
accessed at: https://rec.webex.com/rec/
j.php?MTID=md4caa110511fe90f209f9
c96705fa4c6, Meeting Number: 2764
343 6382, Password: Feb10.
FOR FURTHER INFORMATION CONTACT: Ms.
Lee Traynham, Bureau of Reclamation,
telephone (801) 524–3752, email at
ltraynham@usbr.gov.
SUPPLEMENTARY INFORMATION: The Glen
Canyon Dam Adaptive Management
Program (GCDAMP) was implemented
as a result of the Record of Decision on
the Operation of Glen Canyon Dam
Final Environmental Impact Statement
to comply with consultation
requirements of the Grand Canyon
Protection Act (Pub. L. 102–575) of
1992. The AMWG makes
recommendations to the Secretary of the
Interior concerning Glen Canyon Dam
operations and other management
actions to protect resources downstream
of Glen Canyon Dam, consistent with
the Grand Canyon Protection Act. The
AMWG meets two to three times a year.
Agenda: The AMWG will meet to
receive updates on: (1) Current basin
hydrology and water year 2022
operations; (2) experiments considered
for implementation in 2022; (3) the
status of threatened and endangered
species; (4) long-term funding
considerations; and (5) science results
from Grand Canyon Monitoring and
Research Center staff. The AMWG will
also discuss other administrative and
resource issues pertaining to the
GCDAMP. To view a copy of the agenda
and documents related to the above
meeting, please visit Reclamation’s
website at https://www.usbr.gov/uc/
progact/amp/amwg.html.
Meeting Accessibility/Special
Accommodations: The meeting is open
to the public. Individuals requiring
special accommodations to access the
public meeting should contact Ms. Lee
Traynham (see FOR FURTHER
INFORMATION CONTACT) at least (5)
business days prior to the meeting so
appropriate arrangements can be made.
Public Disclosure of Comments: Time
will be allowed on both days for any
DATES:
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individual or organization wishing to
make extemporaneous and/or formal
oral comments. To allow for full
consideration of information by the
AMWG members, written notice should
be provided to Ms. Lee Traynham (see
FOR FURTHER INFORMATION CONTACT)
prior to the meeting. Depending on the
number of persons wishing to speak,
and the time available, the time for
individual comments may be limited.
Any written comments received will be
provided to the AMWG members.
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 review, we
cannot guarantee that we will be able to
do so.
Authority: 5 U.S.C. Appendix 2.
Lee Traynham,
Chief, Adaptive Management Group,
Resources Management Division, Upper
Colorado Basin—Interior Region 7.
[FR Doc. 2022–00507 Filed 1–12–22; 8:45 am]
BILLING CODE 4332–90–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–1289]
Certain Knitted Footwear; Institution of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
December 8, 2021, under section 337 of
the Tariff Act of 1930, as amended, on
behalf of Nike, Inc. of Beaverton,
Oregon. The complaint alleges
violations of section 337 based upon the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain knitted footwear by reason of
infringement of certain claims of U.S.
Patent No. 9,918,511 (‘‘the ’511 patent’’);
U.S. Patent No. 9,743,705 (‘‘the ’705
patent’’); U.S. Patent No. 8,266,749 (‘‘the
’749 patent’’); U.S. Patent No. 7,814,598
(‘‘the ’598 patent’’); U.S. Patent No.
9,060,562 (‘‘the ’562 patent’’); and U.S.
Patent No. 8,898,932 (‘‘the ’932 patent’’).
The complaint further alleges that an
industry in the United States exists as
required by the applicable Federal
SUMMARY:
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]]>Agencies
[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Notices]
[Pages 2174-2176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00623]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R8-ES-2021-0169; FXES11140800000-223-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 the Ramona Municipal Water District
(applicant) for a 4-year incidental take permit for the endangered
Stephens' kangaroo rat and arroyo toad 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 habitat conservation plan (HCP) qualifies as a ``low-effect''
HCP, eligible for a categorical exclusion under the National
Environmental Policy Act of 1969, as amended. The basis for this
determination is discussed in the environmental action statement and
the associated low-effect screening form, which are also available for
public review.
DATES: We will accept comments received or postmarked on or before
February 14, 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-2021-0169 at https://www.regulations.gov.
Submitting Comments: You may submit comments by one of the
following methods:
Online: https://www.regulations.gov. Search for and submit
comments on Docket No. FWS-R8-ES-2021-0169.
By hard copy: Submit comments by U.S. mail to Public
Comments Processing, Attn: Docket No. FWS-R8-ES-2021-0169; U.S. Fish
and Wildlife Service; 5275 Leesburg Pike, MS: PRB/3W; Falls Church, VA
22041-3803.
FOR FURTHER INFORMATION CONTACT: Mr. Jonathan Snyder, Assistant Field
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES);
telephone: 760-
[[Page 2175]]
431-9440. If you use a telecommunications device for the deaf (TDD),
please call the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), have received an application from the Ramona Municipal Water
District (applicant) for a 4-year incidental take permit for two
covered 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.). The
application addresses the potential ``take'' of the endangered
Stephens' kangaroo rat and arroyo toad in the course of activities
associated with installation of a 20-inch-diameter effluent pipeline in
San Diego County, California. A conservation program to avoid,
minimize, and mitigate for project activities would be implemented as
described in the habitat conservation plan (HCP) prepared 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'' HCP, 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 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 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 in the Code of Federal
Regulations at 50 CFR 17.22 and 50 CFR 17.32.
The applicant requests a 4-year permit under section 10(a)(1)(B) of
the Act. If we approve the permit, Stephens' kangaroo rat (Dipodomys
stephensi) may be taken as a result of temporary impacts to 8.61 acres
(ac) of habitat the species uses for breeding, feeding, and sheltering.
Because potential incidental take is unlikely to be observed in
burrows, the take limit will be set by habitat, and we estimate the
number of individuals taken based on estimated density. Within 8.61-
acre area, average Stephens' kangaroo rat density is categorized as low
to trace (0-5 individuals per acre). In addition, arroyo toads {a.
southwestern t. [Anaxyrus californicus (Bufo microscaphus c.)]{time}
may be taken within the 11.59-acre project impact area. No arroyo toad
breeding habitat will be impacted, but some individuals may be
aestivating (a prolonged period of dormancy) within the project area.
Any individual arroyo toads observed within the project area will be
translocated to nearby suitable habitat. The take would be incidental
to the applicant's activities associated with installation of a 20-
inch-diameter effluent pipeline in San Diego County, California. The
project includes in-perpetuity preservation and management of 8.61 ac
of Stephens' kangaroo rat habitat within a 79-ac preserve managed for
the species, and invasive species management in support of the arroyo
toad.
The proposed project will temporarily impact 11.59 ac of land
through trenching and placement of the pipeline, including 8.61 ac of
Stephens' kangaroo rat habitat. Arroyo toads have been observed in
wetland habitat near the proposed project site, and individual arroyo
toad(s) may be aestivating underground within the project area and may
be impacted during construction.
To minimize the effects of project construction on the Stephens'
kangaroo rat, the proposed HCP includes fencing of the work area as
well as trapping and relocation of individual Stephens' kangaroo rats
prior to construction impacts. The applicant proposes to mitigate for
permanent impacts to 8.61 ac of occupied Stephens' kangaroo rat habitat
through preservation of 8.61 ac of occupied Stephens' kangaroo rat
habitat within a nearby conservation easement and funding of long-term
management to benefit the species.
To minimize take of arroyo toad, the proposed HCP includes measures
to install arroyo toad exclusionary fencing around the work area and
trap and relocate any arroyo toads in the work area prior to
construction impacts. To mitigate impacts to arroyo toad, the
applicant's proposed HCP includes measures to eliminate invasive
species that prey upon arroyo toads in a nearby pond that is known to
support arroyo toad breeding.
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 Stephens' kangaroo rat
and arroyo toad. If we approve the permit, take of Stephens' kangaroo
rat and arroyo toad would be authorized for the applicant's activities
associated with the pipeline installation project. In the proposed HCP,
the applicant considered the No Action Alternative. Under the No Action
Alternative, no incidental take of Stephens' kangaroo rat or arroyo
toad would occur, and no long-term protection and management would be
afforded to the species. Under this alternative, the applicant would
not be able to meet the growth and development needs of San Diego
County.
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 an 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;
(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.
[[Page 2176]]
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 Stephens'
kangaroo rat and arroyo toad.
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).
Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2022-00623 Filed 1-12-22; 8:45 am]
BILLING CODE 4333-15-P
