16440 Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices 

estimate time and cost for implementing 

recovery measures. 

The Act requires the development of 

recovery plans for listed species, unless 

such a plan would not promote the 

conservation of a particular species. 

Section 4(f) of the Act requires us to 

provide a public notice and an 

opportunity for public review and 

comment during recovery plan 

development. We will consider all 

information presented during a public 

comment period prior to approval of 

each new or revised recovery plan. We 

and other Federal agencies will take 

these comments into account in the 

course of implementing approved 

recovery plans. 

Recovery Plan Components 

The objective of this plan is to 

provide a framework for the recovery of 

gentian pinkroot, so that protection 

under the Act is no longer necessary. 

Defining reasonable delisting criteria is 

not possible at this time given the 

current low number of populations and 

individuals, the lack of information 

about the species’ biology, and the 

magnitude of current threats from 

development. Therefore, this recovery 

plan establishes downlisting criteria for 

S. gentianoides so that it may be 

reclassified to threatened status. 

The recovery of S. gentianoides is 

challenging because our knowledge 

about the species’ biology is limited. 

Therefore, surveying; monitoring; 

demographic studies; improving 

management protocols, including the 

establishment of fire management 

regimes; and securing extant 

populations are the most immediate 

priorities. 

Downlisting of S. gentianoides from 

endangered to threatened status will be 

considered when: (1) Extant populations 

and newly discovered sites are 

identified and mapped; (2) inventories 

on the total number of individuals, 

number of flowering vs. non-flowering 

plants, presence of pollinators, and 

whether seedling recruitment is 

occurring have been conducted across 

the species’ historic sites and/or on new 

locations; (3) monitoring programs and 

management protocols on selected 

populations (e.g., populations with 

largest number of individuals) are 

established for at least 15 years to track 

threats to the species and habitat (e.g., 

control exotic species, minimize site 

disturbance and urban development); 

(4) the extant populations (including 

subpopulations at the Ketona Glades, 

Bibb County, Alabama) located on 

public land are stable (where fertility 

and mortality are constant) for at least 

15 years; (5) the minimum viable 

population has been determined for 

each variety using population viability 

analyses (PVA); (6) research on key 

aspects related to demography (e.g., 

density, effect of fire on seedling 

establishment), reproductive biology, 

and seed ecology is accomplished; and 

(7) viable germplasm representing > 50 

percent of the populations for each 

variety is maintained in ex situ. In 

addition, the following specific actions 

must be completed for each variety: 

Var. gentianoides: (1) Sizes of the four 

largest extant populations are increased 

via prescribed burns until plant 

numbers are stabilized over a period of 

15 years; (2) at least one new population 

is found; and (3) at least one population 

is re-established within the historic 

range, specifically in the sites where the 

plants are currently known to be 

extirpated. 

Var. alabamensis: Fifty percent of the 

Bibb County glades known to support 

the variety on private land are protected 

through conservation agreements, 

easements, or land acquisition. 

Downlisting criteria will be 

reevaluated and delisting criteria will be 

created as new scientific data and 

information become available and 

recovery actions are implemented. 

Request for Public Comments 

We request written comments on the 

recovery plan. We will consider all 

comments we receive by the date 

specified in DATES prior to final 

approval of the plan. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail 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 

The authority for this action is section 

4(f) of the Endangered Species Act, 16 

U.S.C. 1533(f). 

Dated: January 4, 2011. 

Mark J. Musaus, 

Acting Regional Director, Southeast Region. 

[FR Doc. 2011–6638 Filed 3–22–11; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R8–ES–2011–N005; 1112–0000– 

81440–F2] 

Endangered and Threatened Wildlife 

and Plants; Permits, Town of Apple 

Valley, San Bernardino County, CA; 

Notice of Intent 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of intent; announcement 

of a public scoping meeting; request for 

comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), intend to 

prepare either an Environmental Impact 

Statement (EIS) or an Environmental 

Assessment (EA) under the National 

Environmental Policy Act (NEPA) 

regarding an expected application from 

the Town of Apple Valley, CA, for an 

incidental take permit (ITP) under the 

Endangered Species Act of 1973 (Act), 

as amended. The decision to prepare an 

EIS or EA will be, in part, contingent 

upon the complexity of issues identified 

during and following the scoping phase 

of the NEPA process. We are furnishing 

this notice to announce the initiation of 

a public scoping period, during which 

we invite other agencies, Tribes, and the 

public to submit written comments 

providing suggestions and information 

on the scope of issues and alternatives 

to be addressed in the EIS or EA. 

DATES: Please send written comments 

on or before April 22, 2011. We will 

hold a public scoping meeting 

Thursday, April 7, from 5:30 p.m. to 

7:30 p.m. For the public meeting 

address, see ‘‘Meeting,’’ below. 

ADDRESSES: Comments: Send your 

comments to Diane Noda, Field 

Supervisor, Ventura Fish and Wildlife 

Office, U.S. Fish and Wildlife Service, 

2493 Portola Road, Suite B, Ventura, CA 

93003. You may alternatively send 

comments by facsimile to (805) 644– 

3958. 

Meeting: We will hold a public 

meeting in the Town Hall Council 

Chambers, 14955 Dale Evans Parkway, 

Apple Valley, CA 92307. 

FOR FURTHER INFORMATION CONTACT: Jen 

Lechuga, HCP Coordinator (see 

ADDRESSES), telephone: (805) 644–1766, 

extension 224. 

SUPPLEMENTARY INFORMATION: 

Reasonable Accommodations 

Persons needing reasonable 

accommodations in order to attend and 

participate in the public meeting should 

contact the Service at the address above 


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Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices 16441 

no later than 1 week before the public 

meeting. Information regarding this 

proposed action is available in 

alternative formats upon request. 

Background 

In accordance with section 10(a)(2)(A) 

of the Endangered Species Act of 1973, 

as amended (ESA; 16 U.S.C. 1531 et 

seq.), the Town of Apple Valley, CA 

(Town) is preparing a MSHCP in 

support of an application for a permit 

from the Service to incidentally take 

listed species. Section 9 of the Act (16 

U.S.C. 1538) and the implementing 

regulations prohibit the take of animal 

species listed as endangered or 

threatened. The term ‘‘take’’ is defined 

under the ESA (16 U.S.C. 1532) as to 

harass, harm, pursue, hunt, shoot, 

wound, kill, trap, capture, or collect or 

attempt to engage in such conduct. 

‘‘Harm’’ is defined by Service regulation 

(50 CFR 17.3) to include significant 

habitat modification or degradation 

where it actually kills or injures wildlife 

by significantly impairing essential 

behavior patterns, including breeding, 

feeding, or sheltering. For certain 

circumstances, under Section 10(a)(1)(B) 

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, carry out an 

otherwise lawful activity. Regulations 

governing permits for threatened and 

endangered species are found in the 

Code of Federal Regulations at 50 CFR 

17.32 and 50 CFR 17. 22, respectively. 

If the permit is issued, the Town would 

receive assurances for all species 

included on the incidental take permit 

under the Service’s ‘‘No Surprises’’ 

regulations (50 CFR 17.22 (b)(5) and 

17.32 (b)(5)). 

Section 10 of the ESA specifies the 

requirements for the issuance of 

incidental take permits to non-Federal 

entities. Any proposed take must be 

incidental to otherwise lawful activities 

and cannot appreciably reduce the 

likelihood of the survival and recovery 

of the species in the wild. The impacts 

of such take must also be minimized 

and mitigated to the maximum extent 

practicable. To obtain an incidental take 

permit, an applicant must prepare a 

habitat conservation plan describing the 

impact that would likely result from the 

proposed taking, the measures for 

minimizing and mitigating the take, the 

funding available to implement such 

measures, alternatives to the taking, and 

the reason why such alternatives are not 

be implemented. 

The Applicant is requesting a 

renewable 30-year permit to 

incidentally take listed species as a 

potential result of urban and rural 

development on approximately 60,500 

to 65,300 acres within the Town and its 

sphere of influence (SOI) (i.e., the 

probable extent of the physical 

boundaries and service area of a local 

governmental agency), which totals 

approximately 170,000 acres. Of the 

areas affected, approximately 23,000 to 

27,800 acres of development would 

occur within the Town under the 

Applicant’s General Plan, and 

approximately 37,500 acres of 

development would occur within the 

Town’s SOI under San Bernardino 

County’s General Plan. The General 

Plans are State-mandated plans; each 

provides a statement of development 

policies, including diagrams and text 

that set forth objectives, standards, and 

plan proposals. 

Proposed covered activities would 

include low-density development (one 

home per 5 or more acres); mixed-use 

development (integrating residential, 

retail, and commercial uses); and 

industrial development; as well as 

development of public facilities, 

mineral resources, street rights of way, 

and open spaces. The proposed land 

uses provide for the development of 

approximately 60,900 housing units 

within the Town and approximately 

21,500 housing units within the SOI, for 

a total of approximately 82,000 housing 

units. Potential development also 

includes: approximately 51.7 and 5.5 

million square feet of commercial space 

in the Town and SOI, respectively; and 

approximately 58.6 and 53.9 million 

square feet of industrial space in the 

Town and SOI, respectively. Covered 

activities would also include the 

operation and maintenance of all 

existing public facilities (approximately 

3,200 acres of the ground-disturbance 

total); all capital improvements of 

existing and future facilities and roads; 

construction of new public facilities 

(approximately 1,400 acres of the 

ground-disturbance total); and 

construction, operation, and 

maintenance of renewable energy 

projects, including solar energy projects 

covering up to 5,000 acres, and smallscale wind energy projects. 

At present, the applicant is proposing 

to address seven State and/or Federally 

listed species and one sensitive species 

in the MSHCP for coverage under the 

ITP (See Table 1, below). The list of 

species proposed to be covered in the 

MSHCP may be modified to include 

additional threatened or endangered 

species, and species that may become 

listed as endangered or threatened 

during the life of the permit that occur 

within the project area and may be 

affected by the covered activities. 

The proposed MSHCP will identify 

actions necessary to conserve the 

covered species. The proposed 

minimization measures include 

incentives for infill development in 

previously developed/disturbed areas, 

and measures to control predators of 

covered species that include reducing 

access to residential and commercial 

waste. Proposed mitigation would 

conserve approximately 75,000 acres of 

public and private lands through 

various mechanisms, including 

purchase of land in fee title and 

establishment of permanent 

conservation easements. The Applicant 

also is considering establishing a nonwasting endowment (where the 

conservation actions are funded by the 

interest earned, not the principal) to 

fund conservation actions on conserved 

lands in the Desert Wildlife 

Management Areas. 

TABLE 1—SPECIES PROPOSED FOR INCLUSION IN THE TOWN OF APPLE VALLEY’S MSHCP 

Common name Scientific name Federal status State status 

Birds 

Burrowing owl ............................................ Athene cunicularia .................................. None ....................... State Species of Concern (SSC). 

Least Bell’s vireo ....................................... Vireo bellii pusillus .................................. Endangered ............ Endangered. 

Southwestern willow flycatcher ................. Empidonax traillii extimus ....................... Endangered ............ Endangered. 

Swainson’s hawk ....................................... Buteo swainsoni ...................................... None ....................... Threatened. 

Western yellow-billed cuckoo .................... Coccyzus americanus occidentalis ......... Candidate ............... Endangered. 

Mammals 

Mohave ground squirrel ............................ Xerospermophilus mohavensis ............... Under Review ......... Threatened. 


jlentini on DSKJ8SOYB1PROD with NOTICES
16442 Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices 

TABLE 1—SPECIES PROPOSED FOR INCLUSION IN THE TOWN OF APPLE VALLEY’S MSHCP—Continued 

Common name Scientific name Federal status State status 

Reptiles 

Desert tortoise ........................................... Gopherus agassizii ................................. Threatened ............. Threatened. 

Fish 

Mohave tui chub ........................................ Siphatales bicolor mohavensis ............... Endangered ............ Endangered. 

The Applicant, in cooperation with 

the California Department of Fish and 

Game (CDFG) and the Service, will 

develop the MSHCP such that it also 

meets the State’s requirements for a 

Natural Community Conservation Plan 

(NCCP). The Applicant will likewise 

serve as the lead agency for the 

Environmental Impact Report (EIR), 

pursuant to Section 15168 of the 

California Environmental Quality Act 

(CEQA) Guidelines. Compliance with 

NEPA and CEQA may be done 

concurrently in a joint EIS/EIR or EA/ 

Negative Declaration. 

Environmental Impact Statement or 

Environmental Assessment 

The EIS or EA will consider the 

proposed action (issuance of an ITP 

based on the MSHCP), a no-action 

alternative (a scenario where there 

would be no issuance of an ITP and no 

take of listed species), and a reasonable 

range of alternatives that fit within the 

purpose and need of the Service. The 

general purpose and need of the Service 

for the proposed action is to respond to 

an ITP application and to protect, 

conserve, and enhance fish and wildlife 

and their habitats for the continuing 

benefit of the people of California and 

the United States. A detailed 

description of the proposed action and 

alternatives will be included in the EIS 

or EA. The alternatives for analysis in 

the document may include, but not be 

limited to, variations in the covered 

activities and the footprint of 

development within the 170,000-acre 

planning area. It will also identify 

potentially significant impacts on 

biological resources, land use, air 

quality, cultural resources, water 

resources, socioeconomics, and other 

resources in the human environment 

that may occur directly, indirectly, and/ 

or cumulatively as a result of 

implementing the proposed action or 

any of the alternatives. Various 

strategies for avoiding, minimizing, and 

mitigating the impacts of incidental take 

also will be considered. 

The Service is furnishing this notice 

in accordance with 40 CFR 1501.7 and 

1508.22 to obtain suggestions and 

information from other agencies and the 

public on the scope of issues and 

alternatives they believe need to be 

addressed in the EIS or EA. The primary 

purpose of the scoping process is to 

identify important issues raised by the 

public related to the proposed action. 

Written comments from interested 

parties are requested to ensure that the 

full range of issues related to the 

proposed action is identified. Comments 

will only be accepted in written form. 

Request for Public Comments 

We seek comments concerning (i) The 

eight species proposed for inclusion in 

the applicant’s proposed multispecies 

habitat conservation plan (MSHCP), 

including information regarding their 

ranges, distribution areas, population 

sizes and population trends; (ii) relevant 

data concerning the impacts of the 

proposed development on these species; 

(iii) any other environmental issues that 

should be considered with regard to the 

proposed development and permit 

action; and (iv) the range of alternatives 

to be included in the EIS or EA. 

Public Comments 

Please direct any comments to the 

Service contact listed above in the 

ADDRESSES section, and any questions to 

the Service contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

All comments and materials we receive, 

including names and addresses, will 

become part of the administrative record 

and may be released to the public. 

Before including your address, phone 

number, e-mail 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 

We provide this notice under section 

10(c) of the Act (16 U.S.C. 1531 et seq.) 

and NEPA regulations (40 CFR 1506.6). 

Dated: March 17, 2011. 

Alexandra Pitts, 

Deputy Regional Director, Pacific Southwest 

Region,Sacramento, CA. 

[FR Doc. 2011–6820 Filed 3–22–11; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R9–IA–2011–N063; 96300–1671– 

0000–P5] 

Endangered Species; Marine 

Mammals; Issuance of Permits 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of issuance of permits. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), have issued 

the following permits to conduct certain 

activities with endangered species, 

marine mammals, or both. We issue 

these permits under the Endangered 

Species Act (ESA) and Marine Mammal 

Protection Act (MMPA). 

ADDRESSES: Brenda Tapia, Division of 

Management Authority, U.S. Fish and 

Wildlife Service, 4401 North Fairfax 

Drive, Room 212, Arlington, VA 22203; 

fax (703) 358–2280; or e-mail 

DMAFR@fws.gov. 

FOR FURTHER INFORMATION CONTACT: 

Brenda Tapia, (703) 358–2104 

(telephone); (703) 358–2280 (fax); 

DMAFR@fws.gov (e-mail). 

SUPPLEMENTARY INFORMATION: On the 

dates below, as authorized by the 

provisions of the ESA (16 U.S.C. 1531 

et seq.), as amended, and/or the MMPA, 

as amended (16 U.S.C. 1361 et seq.), we 

issued requested permits subject to 

certain conditions set forth therein. For 

each permit for an endangered species, 

we found that (1) The application was 

filed in good faith, (2) The granted 

permit would not operate to the 

disadvantage of the endangered species, 

and (3) The granted permit would be 

consistent with the purposes and policy 

set forth in section 2 of the ESA. 


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