Incidental Take Permit Application for the Desert Tortoise; Draft Habitat Conservation Plan and Draft Environmental Assessment; Desert Breeze Solar Energy Project, San Bernardino, CA, 48917-48918 [2024-12599]

Download as PDF Federal Register / Vol. 89, No. 112 / Monday, June 10, 2024 / Notices C. Authority Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507. Jeffrey D. Little, General Deputy Assistant Secretary, Office of Housing. [FR Doc. 2024–12639 Filed 6–7–24; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R8–ES–2023–0189; FXES11140800000–223–FF08ECAR00] Incidental Take Permit Application for the Desert Tortoise; Draft Habitat Conservation Plan and Draft Environmental Assessment; Desert Breeze Solar Energy Project, San Bernardino, CA Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for public comments. AGENCY: We, the U.S. Fish and Wildlife Service (Service), have received an application from Desert Breeze Solar, LLC for an incidental take permit under the Endangered Species Act. The permit would authorize take of the federally threatened desert tortoise (Gopherus agassizii) incidental to otherwise lawful activities associated with construction, operation, maintenance, and decommissioning of the Desert Breeze Solar Site. We invite comments on the applicant’s draft habitat conservation plan and the draft environmental assessment, which we have prepared pursuant to the National Environmental Policy Act. We will take comments into consideration before deciding whether to issue an incidental take permit. DATES: Submitting Comments: We must receive any written comments on or before July 10, 2024. ADDRESSES: Obtaining Documents: The application, application supporting materials, and any comments and other materials that we receive will be available for public inspection at https://www.regulations.gov in Docket No. FWS–R8–ES–2023–0189. Submitting Written Comments: You may submit 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– 2023–0189. • U.S. Mail: Public Comments Processing, Attn: Docket No. FWS–R8– lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:13 Jun 07, 2024 Jkt 262001 ES–2023–0189; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041–3803. FOR FURTHER INFORMATION CONTACT: Jeremy Bisson, Fish and Wildlife Biologist, by email at jeremy_bisson@ fws.gov or via phone at 760–322–2070. 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 have received an application from Desert Breeze Solar, LLC (applicant) for an incidental take permit under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The application addresses the potential take of the federally threatened desert tortoise, incidental to otherwise lawful activities at the Desert Breeze Solar Site (project), as described in the applicant’s draft habitat conservation plan. The proposed project would be located north of the town of Hinkley in San Bernardino County, California. Background Section 9 of the ESA (16 U.S.C. 1538) and Federal regulations promulgated pursuant to section 4(d) of the ESA (16 U.S.C. 1533) prohibit the take of endangered and threatened animals without special exemption. Under section 10(a)(1)(B) of the ESA (16 U.S.C. 1539), 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 permits for endangered and threatened species are set forth in title 50 of the Code of Federal Regulations (CFR) at part 17, sections 17.22 and 17.32. The National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.) requires Federal agencies to analyze their proposed actions to determine whether the actions may significantly affect the human environment. In the NEPA analysis, the Federal agency will identify the effects, as well as possible mitigation for effects on environmental resources, that could occur with the implementation of the proposed action and alternatives. The Federal action in this case is the Service’s proposed issuance of an incidental take permit for the federally threatened desert tortoise. Permit Application The applicant has submitted a draft habitat conservation plan that describes PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 48917 the activities covered by the permit, such as the construction of a solar field. To minimize the risk of incidental take, the applicant would employ qualified biologists to translocate desert tortoises to a safe location off site. The conservation plan also includes adaptive management to allow for maintaining the protection of desert tortoises if necessary. To mitigate the impact of the incidental take, the applicant proposes to fund the preservation of desert tortoise habitat through a combination of new acquisition and purchased bank credits from an existing conservation credit bank. The draft conservation plan and the draft environmental assessment consider alternatives to the proposed action, including a no action alternative. The Service prepared a draft environmental assessment to evaluate the impacts of issuing the proposed incidental take permit on the human environment, consistent with the purpose and goals of NEPA and pursuant to the Council on Environmental Quality’s implementing NEPA regulations at 40 CFR parts 1500– 1508. Additionally, the draft environmental assessment was prepared consistent with the Department of the Interior NEPA regulations (43 CFR part 46); longstanding Federal judicial and regulatory interpretations; and Administration priorities and policies, including Secretary’s Order No. 3399, which requires bureaus and offices to use ‘‘the same application or level of NEPA that would have been applied to a proposed action before the 2020 Rule went into effect.’’ Public Comments If you wish to comment on the draft conservation plan and draft environmental assessment, you may submit comments by one of the methods in ADDRESSES. Public Availability of Comments You may submit comments by one of the methods shown under ADDRESSES. All comments and materials we receive in response to this request will become part of the decision 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 ask us in your comment to withhold your personal identifying information from public review, we E:\FR\FM\10JNN1.SGM 10JNN1 48918 Federal Register / Vol. 89, No. 112 / Monday, June 10, 2024 / Notices cannot guarantee that we will be able to do so. Authority The Service provides this notice under section 10(c) of the Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing regulations and the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1500–1508 and 43 CFR 46). Scott Sobiech, Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, California. [FR Doc. 2024–12599 Filed 6–7–24; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service I. Public Comment Procedures [Docket No. FWS–HQ–IA–2024–0095; FXIA16710900000–245–FF09A30000] Foreign Endangered Species; Receipt of Permit Applications Fish and Wildlife Service, Interior. ACTION: Notice of receipt of permit applications; request for comments. AGENCY: We, the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act (ESA). With some exceptions, the ESA prohibits activities with listed species unless Federal authorization is issued that allows such activities. The ESA also requires that we invite public comment before issuing permits for any activity otherwise prohibited by the ESA with respect to any endangered species. DATES: We must receive comments by July 10, 2024. ADDRESSES: Obtaining Documents: The applications, application supporting materials, and any comments and other materials that we receive will be available for public inspection at https://www.regulations.gov in Docket No. FWS–HQ–IA–2024–0095. Submitting Comments: When submitting comments, please specify the name of the applicant and the permit number at the beginning of your comment. You may submit comments by one of the following methods: • Internet: https:// www.regulations.gov. Search for and submit comments on Docket No. FWS– HQ–IA–2024–0095. • U.S. Mail: Public Comments Processing, Attn: Docket No. FWS–HQ– lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:13 Jun 07, 2024 Jkt 262001 IA–2024–0095; U.S. Fish and Wildlife Service Headquarters, MS: PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041–3803. For more information, see Public Comment Procedures under SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Timothy MacDonald, by phone at 703– 358–2185 or via email at DMAFR@ fws.gov. 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: A. How do I comment on submitted applications? We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period. You may submit your comments and materials by one of the methods in ADDRESSES. We will not consider comments sent by email or to an address not in ADDRESSES. We will not consider or include in our administrative record comments we receive after the close of the comment period (see DATES). When submitting comments, please specify the name of the applicant and the permit number at the beginning of your comment. Provide sufficient information to allow us to authenticate any scientific or commercial data you include. The comments and recommendations that will be most useful and likely to influence agency decisions are: (1) Those supported by quantitative information or studies; and (2) those that include citations to, and analyses of, the applicable laws and regulations. B. May I review comments submitted by others? You may view and comment on others’ public comments at https:// www.regulations.gov unless our allowing so would violate the Privacy Act (5 U.S.C. 552a) or Freedom of Information Act (5 U.S.C. 552). C. Who will see my comments? If you submit a comment at https:// www.regulations.gov, your entire comment, including any personal PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 identifying information, will be posted on the website. If you submit a hardcopy comment that includes personal identifying information, such as your address, phone number, or email address, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. Moreover, 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. II. Background To help us carry out our conservation responsibilities for affected species, and in consideration of section 10(c) of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), we invite public comments on permit applications before final action is taken. With some exceptions, the ESA prohibits certain activities with listed species unless Federal authorization is issued that allows such activities. Permits issued under section 10(a)(1)(A) of the ESA allow otherwise prohibited activities for scientific purposes or to enhance the propagation or survival of the affected species. Service regulations regarding prohibited activities with endangered species, captive-bred wildlife registrations, and permits for any activity otherwise prohibited by the ESA with respect to any endangered species are available in title 50 of the Code of Federal Regulations in part 17. III. Permit Applications We invite comments on the following applications. Applicant: Duke University, Durham, NC; Permit No. PER10535315 The applicant requests authorization to import biological samples acquired from wild chimpanzees (Pan troglodytes), drill (Mandrillus leucophaeus), white-collared mangabey (Cercocebus torquatus), and guenons (Cercopithecus spp.), for the purpose of scientific research. This notification covers activities to be conducted by the applicant over a 1-year period. Applicant: USFWS Texas Coastal Ecological Services Field Office, Corpus Christi, TX; Permit No. PER10823753 The applicant requests a permit to import one Kemp’s ridley sea turtle (Lepidochelys kempii) from Rotterdam Zoo, Rotterdam, Netherlands, for the purpose of enhancing the propagation or E:\FR\FM\10JNN1.SGM 10JNN1

Agencies

[Federal Register Volume 89, Number 112 (Monday, June 10, 2024)]
[Notices]
[Pages 48917-48918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12599]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2023-0189; FXES11140800000-223-FF08ECAR00]


Incidental Take Permit Application for the Desert Tortoise; Draft 
Habitat Conservation Plan and Draft Environmental Assessment; Desert 
Breeze Solar Energy Project, San Bernardino, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for public comments.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Desert Breeze Solar, LLC for an incidental 
take permit under the Endangered Species Act. The permit would 
authorize take of the federally threatened desert tortoise (Gopherus 
agassizii) incidental to otherwise lawful activities associated with 
construction, operation, maintenance, and decommissioning of the Desert 
Breeze Solar Site. We invite comments on the applicant's draft habitat 
conservation plan and the draft environmental assessment, which we have 
prepared pursuant to the National Environmental Policy Act. We will 
take comments into consideration before deciding whether to issue an 
incidental take permit.

DATES: Submitting Comments: We must receive any written comments on or 
before July 10, 2024.

ADDRESSES: 
    Obtaining Documents: The application, application supporting 
materials, and any comments and other materials that we receive will be 
available for public inspection at https://www.regulations.gov in 
Docket No. FWS-R8-ES-2023-0189.
    Submitting Written Comments: You may submit 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-2023-0189.
     U.S. Mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2023-0189; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 
Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Jeremy Bisson, Fish and Wildlife 
Biologist, by email at [email protected] or via phone at 760-322-
2070. 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 have received an application from Desert 
Breeze Solar, LLC (applicant) for an incidental take permit under the 
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.). The application addresses the potential take of the federally 
threatened desert tortoise, incidental to otherwise lawful activities 
at the Desert Breeze Solar Site (project), as described in the 
applicant's draft habitat conservation plan. The proposed project would 
be located north of the town of Hinkley in San Bernardino County, 
California.

Background

    Section 9 of the ESA (16 U.S.C. 1538) and Federal regulations 
promulgated pursuant to section 4(d) of the ESA (16 U.S.C. 1533) 
prohibit the take of endangered and threatened animals without special 
exemption. Under section 10(a)(1)(B) of the ESA (16 U.S.C. 1539), 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 permits for endangered 
and threatened species are set forth in title 50 of the Code of Federal 
Regulations (CFR) at part 17, sections 17.22 and 17.32.
    The National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et 
seq.) requires Federal agencies to analyze their proposed actions to 
determine whether the actions may significantly affect the human 
environment. In the NEPA analysis, the Federal agency will identify the 
effects, as well as possible mitigation for effects on environmental 
resources, that could occur with the implementation of the proposed 
action and alternatives. The Federal action in this case is the 
Service's proposed issuance of an incidental take permit for the 
federally threatened desert tortoise.

Permit Application

    The applicant has submitted a draft habitat conservation plan that 
describes the activities covered by the permit, such as the 
construction of a solar field. To minimize the risk of incidental take, 
the applicant would employ qualified biologists to translocate desert 
tortoises to a safe location off site. The conservation plan also 
includes adaptive management to allow for maintaining the protection of 
desert tortoises if necessary. To mitigate the impact of the incidental 
take, the applicant proposes to fund the preservation of desert 
tortoise habitat through a combination of new acquisition and purchased 
bank credits from an existing conservation credit bank.
    The draft conservation plan and the draft environmental assessment 
consider alternatives to the proposed action, including a no action 
alternative.
    The Service prepared a draft environmental assessment to evaluate 
the impacts of issuing the proposed incidental take permit on the human 
environment, consistent with the purpose and goals of NEPA and pursuant 
to the Council on Environmental Quality's implementing NEPA regulations 
at 40 CFR parts 1500-1508. Additionally, the draft environmental 
assessment was prepared consistent with the Department of the Interior 
NEPA regulations (43 CFR part 46); longstanding Federal judicial and 
regulatory interpretations; and Administration priorities and policies, 
including Secretary's Order No. 3399, which requires bureaus and 
offices to use ``the same application or level of NEPA that would have 
been applied to a proposed action before the 2020 Rule went into 
effect.''

Public Comments

    If you wish to comment on the draft conservation plan and draft 
environmental assessment, you may submit comments by one of the methods 
in ADDRESSES.

Public Availability of Comments

    You may submit comments by one of the methods shown under 
ADDRESSES. All comments and materials we receive in response to this 
request will become part of the decision 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 
ask us in your comment to withhold your personal identifying 
information from public review, we

[[Page 48918]]

cannot guarantee that we will be able to do so.

Authority

    The Service provides this notice under section 10(c) of the 
Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing 
regulations and the National Environmental Policy Act (42 U.S.C. 4321 
et seq.) and its implementing regulations (40 CFR 1500-1508 and 43 CFR 
46).

Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2024-12599 Filed 6-7-24; 8:45 am]
BILLING CODE 4333-15-P

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