Application for an Amendment to an Incidental Take Permit; Cibolo Canyon Master Phase II Environmental Assessment and Habitat Conservation Plan for the Golden-Cheeked Warbler in Bexar County, Texas, 2975-2976 [2024-00752]
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Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Notices
habitat for the Central California tiger
salamander and California red-legged
frog, denning and dispersal habitat for
the San Joaquin kit fox, and foraging
habitat for the golden eagle;
8. Information on how to incorporate
climate change into an adaptive
management plan at the mitigation
permit area for the benefit of the Central
California tiger salamander, California
red-legged frog, San Joaquin kit fox,
monarch butterfly, and golden eagle;
9. Information on the effects of
photovoltaic solar panels on annual
grassland habitat quality, burrowing
mammal activity, amphibians (e.g.,
Central California tiger salamander and
California red-legged frog), pollinators
(e.g., monarch butterfly and Crotch’s
bumble bee), golden eagles, and
microclimatic effects underneath the
solar panels;
10. Information on the effects of sheep
grazing and chicken rearing on
pollinators (e.g., monarch butterfly and
Crotch’s bumble bee), amphibians (e.g.,
Central California tiger salamander and
California red-legged frog), and golden
eagles;
11. The presence of archeological
sites, buildings and structures, historic
events, sacred and traditional areas, and
other historic preservation concerns,
which are required to be considered in
project planning by the National
Historic Preservation Act; and
12. Any other environmental issues
that should be considered with regard to
the proposed development and permit
action.
lotter on DSK11XQN23PROD with NOTICES1
Public Availability of Comments
Before including your address, phone
number, or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—might 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.
Next Steps
Issuance of an incidental take permit
is a Federal proposed action subject to
compliance with NEPA and section 7 of
the ESA. We will evaluate the
application, associated documents, and
any public comments we receive as part
of our NEPA compliance process to
determine whether the application
meets the requirements of section 10(a)
of the ESA. If we determine that those
requirements are met, we will conduct
an intra-Service consultation under
section 7 of the ESA for the Federal
VerDate Sep<11>2014
18:14 Jan 16, 2024
Jkt 262001
action for the potential issuance of an
ITP. If the intra-Service consultation
confirms that issuance of the ITP will
not jeopardize the continued existence
of any endangered or threatened
species, or destroy or adversely modify
critical habitat, we will issue a permit
to the applicant for the incidental take
of the covered species.
Authority
We publish this notice under the
National Environmental Policy Act of
1969, as amended (42 U.S.C. 4321 et
seq.), and its implementing regulations
at 40 CFR 1500–1508, as well as in
compliance with section 10(c) of the
Endangered Species Act (16 U.S.C. 1531
et seq.) and its implementing
regulations at 50 CFR 17.32(b)(1) (ii),
and the Eagle Act (16 U.S.C. 668–668d
and 50 CFR 22.80) regulations at 50 CFR
22.10 which allow the Service to cover
eagles under an HCP Section 10(a)(1)(B)
ITP. Criteria for issuance of an eagle
permit are codified in 50 CFR 22.80(f).
Michael Fris,
Field Supervisor, Sacramento Fish and
Wildlife Office.
[FR Doc. 2024–00755 Filed 1–16–24; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R2–ES–2023–0230;
FXES1114020000–245–FF02ENEH00]
Application for an Amendment to an
Incidental Take Permit; Cibolo Canyon
Master Phase II Environmental
Assessment and Habitat Conservation
Plan for the Golden-Cheeked Warbler
in Bexar County, Texas
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
TF Cibolo Canyons, LP
(applicant) has applied to the U.S. Fish
and Wildlife Service (Service) for an
amendment to their existing incidental
take permit (ITP) supported by the
proposed amendment to the Habitat
Conservation Plan for a portion of the
Cibolo Canyon Property (Master Phase
II) (HCP) pursuant to the Endangered
Species Act. The requested amendment
to the ITP, if approved, would continue
authorization of incidental take of the
golden-cheeked warbler (Setophaga
chrysoparia). The application package
includes the proposed changes to the
HCP and a draft screening form that has
been prepared to evaluate the ITP
application in accordance with the
SUMMARY:
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
2975
requirements of the National
Environmental Policy Act. We invite the
public and local, State, Tribal, and
Federal agencies to comment on these
documents.
Submission of comments: We
will accept comments received or
postmarked on or before February 16,
2024.
DATES:
ADDRESSES:
Obtaining documents: You may
obtain copies of the ITP amendment
application, proposed revisions to the
HCP, draft screening form, or other
related documents online in Docket No.
FWS–R2–ES–2023–0230 at https://
www.regulations.gov. Other related
information may be obtained online at
https://www.fws.gov/library/collections/
texas-habitat-conservation-plans.
Submitting comments: You may
submit written comments by one of the
following methods:
• Internet: https://
www.regulations.gov. Search for and
submit comments on Docket No. FWS–
R2–ES–2023–0230; or
• U.S. mail: Public Comments
Processing, Attn: Docket No. FWS–R2–
ES–2023–0230; U.S. Fish and Wildlife
Service, MS: PRB/3W, 5275 Leesburg
Pike, Falls Church, VA 22041–3803.
Please note which documents your
comment references. For more
information, see Public Availability of
Comments.
FOR FURTHER INFORMATION CONTACT:
Karen Myers, Field Supervisor, Austin
Ecological Services Field Office, Austin,
Texas; telephone (512) 937–7371.
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-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service (Service),
have received and make available a
proposed amendment to the Habitat
Conservation Plan for a portion of the
Cibolo Canyon Property (Master Phase
II) (HCP) in Bexar County, Texas, and an
associated draft screening form. TF
Cibolo Canyons, LP (applicant) has
applied for an amended incidental take
permit (ITP) (TE102437–0) supported by
the proposed amendment to their HCP.
If approved, the amended permit would
continue for the remainder of the 30
years of the original permit to authorize
incidental take of the federally listed,
endangered golden-cheeked warbler
E:\FR\FM\17JAN1.SGM
17JAN1
2976
Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Notices
(Setophaga chrysoparia; warbler) under
the Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.).
The permit would continue to authorize
incidental take of the species resulting
from vegetation clearing for
construction of homes, apartments, and
other such facilities.
In addition, in accordance with the
requirements of the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.), we
advise the public that:
1. We have prepared a draft NEPA
screening form to evaluate the proposed
amendment to the HCP and potential
ITP issuance. We are accepting
comments on the proposed amendment
to the HCP and draft NEPA screening
form.
2. The applicant and the Service have
developed the proposed amendment to
the HCP, which describes the measures
the applicant has volunteered to take to
meet the issuance criteria for a
10(a)(1)(B) ITP associated with the HCP.
The issuance criteria are found at 50
CFR 17.22(b)(2).
3. The HCP would be implemented by
the applicant and would remain
effective until the expiration of the HCP
and associated ITP.
4. As described in the HCP, the
potential incidental take of the warbler
could result from otherwise lawful
activities covered by the HCP.
Background
Section 9 of the ESA and our
implementing regulations at 50 CFR part
17 prohibit the ‘‘take’’ of fish or wildlife
species listed as endangered or
threatened. Take is defined under the
ESA 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(19)). However, under
section 10(a) 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 an otherwise lawful
activity.
Regulations governing such take of
endangered and threatened species are
found at 50 CFR 17.21–22 and 50 CFR
17.31–32, respectively.
lotter on DSK11XQN23PROD with NOTICES1
Proposed Action
The proposed action involves the
issuance of an amended 10(a)(1)(B) ITP
to TF Cibolo Canyons, LP and approval
of the proposed amendment to the HCP.
The ITP would cover incidental ‘‘take’’
of the species associated with vegetation
clearing and construction of homes,
VerDate Sep<11>2014
18:14 Jan 16, 2024
Jkt 262001
apartments, and other such facilities as
described in the ITP and HCP.
The existing ITP expires February 18,
2036, and no extension has been
requested. The original permit
authorized incidental take of the species
on 846 acres (ac) and resulted in 768 ac
of mitigation on site (May 2, 2005; 70 FR
22682). The proposed amendment
would add 144 ac of the original
development area to the mitigation
lands in exchange for an unoccupied 30ac tract of the original preserve area,
which would reduce the development
area from 846 ac to 732 ac and increase
the preserve area from 768 ac to 882 ac.
The 144 acres being added to the
preserve has sufficient habitat to
support warblers periodically, while the
30 acres being removed does not contain
warbler habitat and, therefore, does not
support warblers. The proposed swap
will result in less edge-to-area ratio in
the preserve area, a reduction in the
amount of habitat loss and take of the
warbler due to the implementation of
the HCP and will provide contiguity
between two occupied portions of the
preserve.
To meet the requirements of a section
10(a)(1)(B) ITP, the applicant would
continue to implement the amended
HCP. The HCP describes the
conservation measures the applicant has
agreed to undertake to minimize and
mitigate incidental take, to the
maximum extent practicable and
ensures that incidental take will not
appreciably reduce the likelihood of the
survival and recovery of species in the
wild.
Next Steps
We will evaluate the ITP application,
proposed amendment to the HCP, draft
NEPA screening form, and comments
we receive to determine whether the
HCP application meets the requirements
of the ESA, NEPA, and implementing
regulations. If we determine that all
requirements are met, we will approve
the proposed amendment to the HCP
and issue the amended ITP to the
applicant under section 10(a)(1)(B) of
the ESA in accordance with the terms of
the HCP and specific terms and
conditions of the authorizing ITP. We
will not make our final decision until
after the 30-day comment period ends,
and we have fully considered all
comments received during the public
comment period.
Public Availability of Comments
All comments we receive become part
of the public record associated with this
action. Requests for copies of comments
will be handled in accordance with the
Freedom of Information Act, NEPA, and
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
Service and Department of the Interior
policies and procedures. 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 to 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.
Authority
We provide this notice under the
authority of section 10(c) of the ESA (16
U.S.C. 1531 et seq.) and its
implementing regulations (50 CFR 17.22
and 17.32) and NEPA (42 U.S.C. 4371 et
seq.) and its implementing regulations
(40 CFR 1506.6).
Jeffrey Fleming,
Regional Director, Southwest Region, U.S.
Fish and Wildlife Service.
[FR Doc. 2024–00752 Filed 1–16–24; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_MT_FRN_MO#4500172285]
Notice of Proposed Withdrawal
Extension and Public Meeting, Pryor
Mountain Wild Horse Range; Wyoming
Bureau of Land Management,
Interior.
ACTION: Notice of proposed withdrawal
extension.
AGENCY:
The Secretary of the Interior
proposes to extend Public Land Order
(PLO) No. 7628 for an additional 20-year
term. PLO No. 7628 withdrew 1,960.10
acres of public lands in Big Horn
County, Wyoming, from settlement,
sale, location, or entry under the general
land laws, including the United States
mining laws, subject to valid existing
rights, to protect the Pryor Mountain
Wild Horse Range. The withdrawal
created by PLO No. 7628 will expire on
March 7, 2025, unless extended. This
notice announces to the public the
opportunity to comment on the proposal
and announces the date, time, and
location of the public meeting to be held
in conjunction with this withdrawal
extension application.
SUMMARY:
E:\FR\FM\17JAN1.SGM
17JAN1
Agencies
[Federal Register Volume 89, Number 11 (Wednesday, January 17, 2024)]
[Notices]
[Pages 2975-2976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00752]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2023-0230; FXES1114020000-245-FF02ENEH00]
Application for an Amendment to an Incidental Take Permit; Cibolo
Canyon Master Phase II Environmental Assessment and Habitat
Conservation Plan for the Golden-Cheeked Warbler in Bexar County, Texas
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: TF Cibolo Canyons, LP (applicant) has applied to the U.S. Fish
and Wildlife Service (Service) for an amendment to their existing
incidental take permit (ITP) supported by the proposed amendment to the
Habitat Conservation Plan for a portion of the Cibolo Canyon Property
(Master Phase II) (HCP) pursuant to the Endangered Species Act. The
requested amendment to the ITP, if approved, would continue
authorization of incidental take of the golden-cheeked warbler
(Setophaga chrysoparia). The application package includes the proposed
changes to the HCP and a draft screening form that has been prepared to
evaluate the ITP application in accordance with the requirements of the
National Environmental Policy Act. We invite the public and local,
State, Tribal, and Federal agencies to comment on these documents.
DATES: Submission of comments: We will accept comments received or
postmarked on or before February 16, 2024.
ADDRESSES:
Obtaining documents: You may obtain copies of the ITP amendment
application, proposed revisions to the HCP, draft screening form, or
other related documents online in Docket No. FWS-R2-ES-2023-0230 at
https://www.regulations.gov. Other related information may be obtained
online at https://www.fws.gov/library/collections/texas-habitat-conservation-plans.
Submitting comments: You may submit written comments by one of the
following methods:
Internet: https://www.regulations.gov. Search for and
submit comments on Docket No. FWS-R2-ES-2023-0230; or
U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R2-ES-2023-0230; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041-3803.
Please note which documents your comment references. For more
information, see Public Availability of Comments.
FOR FURTHER INFORMATION CONTACT: Karen Myers, Field Supervisor, Austin
Ecological Services Field Office, Austin, Texas; telephone (512) 937-
7371. 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 and make available a proposed amendment to the
Habitat Conservation Plan for a portion of the Cibolo Canyon Property
(Master Phase II) (HCP) in Bexar County, Texas, and an associated draft
screening form. TF Cibolo Canyons, LP (applicant) has applied for an
amended incidental take permit (ITP) (TE102437-0) supported by the
proposed amendment to their HCP. If approved, the amended permit would
continue for the remainder of the 30 years of the original permit to
authorize incidental take of the federally listed, endangered golden-
cheeked warbler
[[Page 2976]]
(Setophaga chrysoparia; warbler) under the Endangered Species Act of
1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The permit would
continue to authorize incidental take of the species resulting from
vegetation clearing for construction of homes, apartments, and other
such facilities.
In addition, in accordance with the requirements of the National
Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.), we
advise the public that:
1. We have prepared a draft NEPA screening form to evaluate the
proposed amendment to the HCP and potential ITP issuance. We are
accepting comments on the proposed amendment to the HCP and draft NEPA
screening form.
2. The applicant and the Service have developed the proposed
amendment to the HCP, which describes the measures the applicant has
volunteered to take to meet the issuance criteria for a 10(a)(1)(B) ITP
associated with the HCP. The issuance criteria are found at 50 CFR
17.22(b)(2).
3. The HCP would be implemented by the applicant and would remain
effective until the expiration of the HCP and associated ITP.
4. As described in the HCP, the potential incidental take of the
warbler could result from otherwise lawful activities covered by the
HCP.
Background
Section 9 of the ESA and our implementing regulations at 50 CFR
part 17 prohibit the ``take'' of fish or wildlife species listed as
endangered or threatened. Take is defined under the ESA 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(19)). However, under section 10(a) 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 an otherwise lawful activity.
Regulations governing such take of endangered and threatened
species are found at 50 CFR 17.21-22 and 50 CFR 17.31-32, respectively.
Proposed Action
The proposed action involves the issuance of an amended 10(a)(1)(B)
ITP to TF Cibolo Canyons, LP and approval of the proposed amendment to
the HCP. The ITP would cover incidental ``take'' of the species
associated with vegetation clearing and construction of homes,
apartments, and other such facilities as described in the ITP and HCP.
The existing ITP expires February 18, 2036, and no extension has
been requested. The original permit authorized incidental take of the
species on 846 acres (ac) and resulted in 768 ac of mitigation on site
(May 2, 2005; 70 FR 22682). The proposed amendment would add 144 ac of
the original development area to the mitigation lands in exchange for
an unoccupied 30-ac tract of the original preserve area, which would
reduce the development area from 846 ac to 732 ac and increase the
preserve area from 768 ac to 882 ac. The 144 acres being added to the
preserve has sufficient habitat to support warblers periodically, while
the 30 acres being removed does not contain warbler habitat and,
therefore, does not support warblers. The proposed swap will result in
less edge-to-area ratio in the preserve area, a reduction in the amount
of habitat loss and take of the warbler due to the implementation of
the HCP and will provide contiguity between two occupied portions of
the preserve.
To meet the requirements of a section 10(a)(1)(B) ITP, the
applicant would continue to implement the amended HCP. The HCP
describes the conservation measures the applicant has agreed to
undertake to minimize and mitigate incidental take, to the maximum
extent practicable and ensures that incidental take will not
appreciably reduce the likelihood of the survival and recovery of
species in the wild.
Next Steps
We will evaluate the ITP application, proposed amendment to the
HCP, draft NEPA screening form, and comments we receive to determine
whether the HCP application meets the requirements of the ESA, NEPA,
and implementing regulations. If we determine that all requirements are
met, we will approve the proposed amendment to the HCP and issue the
amended ITP to the applicant under section 10(a)(1)(B) of the ESA in
accordance with the terms of the HCP and specific terms and conditions
of the authorizing ITP. We will not make our final decision until after
the 30-day comment period ends, and we have fully considered all
comments received during the public comment period.
Public Availability of Comments
All comments we receive become part of the public record associated
with this action. Requests for copies of comments will be handled in
accordance with the Freedom of Information Act, NEPA, and Service and
Department of the Interior policies and procedures. 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 to 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.
Authority
We provide this notice under the authority of section 10(c) of the
ESA (16 U.S.C. 1531 et seq.) and its implementing regulations (50 CFR
17.22 and 17.32) and NEPA (42 U.S.C. 4371 et seq.) and its implementing
regulations (40 CFR 1506.6).
Jeffrey Fleming,
Regional Director, Southwest Region, U.S. Fish and Wildlife Service.
[FR Doc. 2024-00752 Filed 1-16-24; 8:45 am]
BILLING CODE 4333-15-P