Endangered and Threatened Wildlife and Plants; Draft Habitat Conservation Plan and Draft Categorical Exclusion; Monterey County Water Resources Agency Salinas River Lagoon and Sandbar Management Project, Monterey County, CA, 36610-36611 [2023-11894]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Pages 36610-36611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11894]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2023-0087; FXES11140800000-234-FF08EVEN00]


Endangered and Threatened Wildlife and Plants; Draft Habitat 
Conservation Plan and Draft Categorical Exclusion; Monterey County 
Water Resources Agency Salinas River Lagoon and Sandbar Management 
Project, Monterey County, CA

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 
availability of a draft habitat conservation plan (HCP) and draft low 
effect screening form and environmental action statement (draft 
screening form) for activities associated with an application for an 
incidental take permit (ITP) under the Endangered Species Act. The ITP 
would authorize take of the tidewater goby and western snowy plover 
incidental to activities associated with management of the Salinas 
River Lagoon in Monterey County, California. The applicant developed 
the draft HCP as part of their application for an ITP. The Service 
prepared a draft low-effect screening form and environmental action 
statement in accordance with the National Environmental Policy Act to 
evaluate the potential effects to the natural and human environment 
resulting from issuing an ITP to the applicant. We invite the public 
and local, State, Tribal, and Federal agencies to comment on these 
documents.

DATES: Written comments should be received on or before July 5, 2023.

ADDRESSES: 
    Obtaining Documents: The documents this notice announces, as well 
as any comments and other materials that we receive, will be available 
for public inspection online in Docket No. FWS-R8-ES-2023-0087 at 
https://www.regulations.gov.
    Submitting Written Comments: Please send us your written comments 
using one of the following methods:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2023-0087.
     U.S. mail: Public Comments Processing; Attn: FWS-R8-ES-
2023-0087; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275 Leesburg 
Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Mark Ogonowski, Senior Fish and 
Wildlife Biologist, by email or U.S. mail (see ADDRESSES), or via phone 
at (805) 677-3350. 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), announce the availability of a draft habitat conservation 
plan (HCP) and draft low-effect screening form and environmental action 
statement (draft screening form) for activities associated with an 
application for an incidental take permit (ITP) under section 
10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA; 16 
U.S.C. 1531 et seq.). The ITP would authorize take of the tidewater 
goby (Eucyclogobius newberryi) and the Pacific Coast distinct 
population segment (DPS) of the western snowy plover (Charadrius 
nivosus nivosus) incidental to activities associated with management of 
the Salinas River Lagoon and sandbar in Monterey County, California, to 
prevent flooding of adjacent lands. The applicant developed the draft 
HCP as part of their application for an ITP. In addition, the HCP 
anticipates impacts to the federally threatened Monterey spineflower 
(Chorizanthe pungens var. pungens), and proposes avoidance and 
minimization measures for all three covered species and mitigation for 
unavoidable temporary loss of suitable habitat. The Service prepared a 
draft screening form in accordance with the National Environmental 
Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.) to evaluate the 
potential effects to the natural and human environment resulting from 
issuing an ITP and implementing the draft HCP in order to determine if 
the action fits within the criteria for a categorical exclusion under 
NEPA. We invite public comment on all of these documents.

Background

    The Service listed the Monterey spineflower as threatened on 
February 4, 1994 (59 FR 5499), tidewater goby as endangered on March 7, 
1994 (59 FR 5494), and Pacific Coast DPS of the western snowy plover as 
threatened on March 5, 1993 (58 FR 12864). Section 9 of the ESA 
prohibits ``take'' of fish and wildlife species listed as endangered 
(16 U.S.C. 1538), where take is defined to

[[Page 36611]]

include the following activities: ``to 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). The take prohibitions of 
section 9 are extended to species listed as threatened at the 
discretion of the Secretary of the Department of the Interior and were 
extended at listing to the western snowy plover DPS.
    Under section 10(a)(1)(B) of the ESA (16 U.S.C. 1539(a)(1)(B)), we 
may issue permits to authorize take of listed fish and wildlife species 
that is incidental to, and not the purpose of, carrying out an 
otherwise lawful activity. Regulations governing incidental take 
permits for endangered and threatened species are in the Code of 
Federal Regulations (CFR) at 50 CFR 17.22 and 17.32, respectively. 
Issuance of an ITP also must not jeopardize the existence of federally 
listed fish, wildlife, or plant species, pursuant to section 7 of the 
ESA and 50 CFR 402.02. The permittee would receive assurances under our 
``No Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).
    The Service designated revised critical habitat for the tidewater 
goby on February 6, 2013 (78 FR 8746). The project site includes 131.7 
acres (ac) of tidewater goby critical habitat unit MN-2, representing 
approximately 28 percent of unit MN-2 and 1 percent of critical habitat 
designated for the species rangewide. The Service designated revised 
critical habitat for the Pacific Coast DPS of the western snowy plover 
on June 19, 2012 (77 FR 36728). The project site includes 95.2 ac of 
western snowy plover critical habitat unit CA-22, representing 
approximately 10 percent of unit CA-22 and less than 1 percent of 
critical habitat designated for the Pacific Coast DPS rangewide. The 
Service designated revised critical habitat for the Monterey 
spineflower on January 9, 2008 (73 FR 1525). There is no Monterey 
spineflower critical habitat within the project site.

Proposed Activities

    The applicant has applied for a permit for incidental take of the 
tidewater goby and the Pacific Coast DPS of the western snowy plover. 
The take would occur in association with activities implemented 
periodically to manage the water surface elevation in the Salinas River 
Lagoon in Monterey County, California, during storm events in order to 
avoid or minimize flooding of adjacent agricultural lands and 
residences. Project activities would include moving a bulldozer or 
excavator onto the beach on the seaward side of the Salinas River 
Lagoon to excavate a pilot channel in the lagoon sandbar. Rising flood 
waters would then break through a sand plug left in the channel, 
connecting the Salinas River to the ocean and preventing a further rise 
in lagoon elevation. The applicant anticipates that up to five 
breaching events would be conducted during the 5-year project period 
and all project effects are expected to be temporary.
    The HCP includes avoidance and minimization measures for the 
Monterey spineflower, tidewater goby, and Pacific Coast DPS of the 
western snowy plover and mitigation for unavoidable temporary loss of 
habitat for each species. As mitigation for temporary loss of up to 
0.19 ac of Monterey spineflower habitat for each breaching event, the 
applicant proposes to fund the removal of invasive species on 1 ac of 
suitable habitat on Salinas River State Beach. As mitigation for 
expected take of up to five tidewater gobies during each breaching 
event, the applicant would fund two research projects developed in 
collaboration with the Service to provide a greater understanding of 
tidewater goby in the Salinas River Lagoon and larger Salinas Valley to 
support recovery goals:

 A study of goby reproductive patterns and population dynamics 
in the Lagoon
 A regional eDNA analysis of goby distribution in the Salinas 
River and connected waterways to evaluate occupancy and the potential 
presence of nearby source or refuge populations

    As mitigation for expected take of up to one western snowy plover 
nest (three eggs or three chicks) over the 5-year permit term and 
temporary loss of up to 0.35 ac of western snowy plover habitat for 
each breaching event, the applicant proposes to contribute funding to 
California State Parks' breeding season habitat management and public 
education and outreach programs at Salinas River State Beach, which may 
include installation of symbolic fencing and signage around nesting 
areas, interpretive signs at major trailheads, and animal-proof trash 
receptacles at trailheads and beach access points, and direct public 
outreach.

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 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(c) of the Endangered 
Species Act (16 U.S.C. 1531 et seq.) and its implementing regulations 
(50 CFR 17.22 and 17.32) and National Environmental Policy Act (42 
U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1506.6).

Stephen Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2023-11894 Filed 6-2-23; 8:45 am]
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