Fish and Wildlife Service March 30, 2007 – Federal Register Recent Federal Regulation Documents
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Notice of Availability of a Supplement to the Final Environmental Impact Statement for the Coachella Valley Multiple Species Habitat Conservation Plan and Natural Community Conservation Plan, Riverside County, CA
This notice announces the availability of the Recirculated Draft Coachella Valley Multiple Species Habitat Conservation Plan/ Natural Community Conservation Plan (MSHCP), Supplement to the Final Environmental Impact Statement/Recirculated Draft Environmental Impact Report (EIS/EIR), and Implementing Agreement for public review and comment. The Coachella Valley Association of Governments (CVAG), Coachella Valley Conservation Commission, County of Riverside, Riverside County Flood Control and Water Conservation District, Riverside County Parks and Open Space District, Riverside County Waste Management District, Coachella Valley Water District, Imperial Irrigation District, California Department of Transportation, California Department of Parks and Recreation, Coachella Valley Mountains Conservancy, and the cities of Cathedral City, Coachella, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage (Applicants) applied to the Fish and Wildlife Service (Service) for an incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicants also seek a Section 2835 permit under the California Natural Community Conservation Planning Act of 2002. The Applicants are requesting a permit to incidentally take 22 animal species and seeking assurances for 5 plant species, including 17 unlisted species should any of them become listed under the Act during the proposed 75-year term of the permit. The permit is needed to authorize incidental take of listed animal species (including harm, injury, and harassment) during development in the approximately 1.10 million-acre (1,719-square mile) Plan Area in the Coachella Valley of Riverside County, California. The MSHCP also incorporates a Public Use and Trails Plan which includes proposals that address non-motorized recreation activities on Federal and non-Federal lands in the Santa Rosa and San Jacinto Mountains. The Bureau of Land Management (BLM) is a Cooperating Agency in this planning process and will use this EIS/EIR to make decisions on BLM-administered public lands pertaining to trail use in the Santa Rosa and San Jacinto Mountains. The proposals constitute activity (implementation) level actions in furtherance of the California Desert Conservation Area Plan (1980), as amended, and the Santa Rosa and San Jacinto Mountains National Monument Management Plan (2004). The BLM will issue a separate Record of Decision regarding non-motorized recreation activities on public lands. A Supplement to the Final Environmental Impact Statement, which is the Federal portion of the EIS/EIR, has been prepared jointly by the Service and CVAG, along with the biological consultant, to analyze the impacts of the MSHCP and is also available for public review. The analyses provided in the EIS/EIR are intended to inform the public of the proposed action, alternatives, and associated impacts; disclose the direct, indirect, and cumulative environmental effects of the proposed action and each of the alternatives; and indicate any irreversible commitment of resources that would result from implementation of the proposed action. All of the alternatives in the EIS/EIR are the same as the alternatives identified in the Final MSHCP and Final EIS/EIS, dated February 6, 2006, with one exception: the Preferred Alternative without the City of Palm Springs is no longer included. The Service and the cooperating agency issued a notice of intent to prepare an EIS/EIR for the proposed MSHCP, on June 28, 2000 (65 FR 39920); a notice of availability of the Draft EIS/EIR for the proposed MSHCP on November 5, 2004 (69 FR 64581); and a notice of availability of the Final EIS/EIR for the proposed MSHCP on April 21, 2006 (71 FR 20719). The Service is issuing this notice to advise the public of revisions to the MSHCP and associated EIS/EIR which includes the following primary changes: (1) Removing the City of Desert Hot Springs as an Applicant; (2) including a Riverside County Flood Control/Water Conservation District flood control project as a Covered Activity within the Morongo Wash area, if the project meets the MSHCP's biological goals and objectives for the Covered Species and the biological goals and objectives for maintaining fluvial sand transport and providing an adequate corridor for habitat connectivity; (3) identifying the revised Santa Rosa and San Jacinto Mountains Trails Plan as the chosen trails management alternative in the EIS/EIR. The Plan is structured to be consistent with larger recovery efforts for the bighorn sheep and takes an adaptive management approach to balancing its goals of: (a) Minimizing the risk of potential adverse impacts to Peninsular bighorn sheep from recreational activities, and (b) providing recreational opportunities for hikers, equestrians, and mountain bikers; and (4) identifying changes to conservation area boundaries to reflect ``like exchanges'' approved by the applicants since the publication of the Final MSHCP, dated February 6, 2006. The ``like exchanges'' include Citrus Ranch, Lumkes Family Trust, Nott, Indio Water Authority Reservoirs, and the City of Cathedral City.
M/V Selendang Ayu Natural Resource Damage Assessment
On December 8, 2004, the shipping vessel M/V Selendang Ayu ran aground and broke apart between Skan Bay and Spray Cape on Unalaska Island, in Alaska's Aleutian Islands. The vessel was carrying approximately 446,280 gallons of Intermediate Fuel Oil 380 (IFO) and 21,058 gallons of Marine Diesel Oil (MDO). Although a portion of the oils were eventually removed from the vessel, 339,538 gallons of the IFO 380 and 14,680 gallons of marine diesel were discharged into the environment over time. This Notice of Intent to Conduct Restoration Planning (Notice), issued pursuant to 15 CFR 990.44, pertains to the discharge of oil from the M/V Selendang Ayu described above (the Incident). The Unified Command for the Incident undertook response activities to clean up the discharged oil. Under section 1006(b) of the Oil Pollution Act of 1990 (OPA), 33 U.S.C. 2706(b), the President has designated the Secretary of the U.S. Department of the Interior (DOI), represented by the Regional Director of the Fish & Wildlife Service (FWS), Alaska Region, and the Secretary of the U.S. Department of Commerce (DOC), represented by the National Oceanic Atmospheric Administration, as Federal trustees of natural resources for this Incident. The Governor of the State of Alaska has designated the Commissioners of the Alaska Departments of Fish & Game, Environmental Conservation and Natural Resources, and the Alaska Attorney General as State trustees of natural resources. The Federal and State trustees for the Incident will be referred to herein collectively as the Trustees. The Trustees have determined that they have jurisdiction to enter into the restoration planning phase of a Natural Resource Damage Assessment under OPA and its implementing regulations and that it is appropriate to do so. The purpose of this phase is to prepare a plan for the restoration, rehabilitation, replacement or acquisition of the equivalent of the natural resources and services injured, destroyed or lost as a result of the Incident.
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