[Federal Register Volume 62, Number 222 (Tuesday, November 18, 1997)]
[Notices]
[Pages 61523-61524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30200]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for the Wildwash Sand and 
Gravel Mine, San Bernardino County, CA

AGENCY: Fish and Wildlife Service.

ACTION: Notice of availability.

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SUMMARY: E. L. Yeager Construction Company, Incorporated, of Riverside, 
California, has applied to the Fish and Wildlife Service for a 20-year 
incidental take permit pursuant to section 10(a)(1)(B) of the 
Endangered Species Act of 1973, as amended (ESA). The Service proposes 
to issue an incidental take permit for the federally-listed threatened 
desert tortoise (Gopherus agassizii) at the proposed mine site, located 
in San Bernardino County, California. The permit also would include the 
state-listed threatened Mojave ground squirrel (Spermophilus 
mohavensis) and the unlisted loggerhead shrike (Lanius ludovicianus), 
should these species be listed during the life of the permit. This 
notice announces the availability of the permit application and the 
environmental assessment. The permit application includes the habitat 
conservation plan for the Wildwash Sand and Gravel Mine and an 
implementing agreement. The Service requests comments on these 
documents, including the appropriateness of the ``No Surprises'' 
assurances contained in section 12.3.a of the implementing agreement. 
All comments received, including names and addresses, will become part 
of the administrative record and may be made available to the public.

DATES: Written comments should be received on or before December 18, 
1997.

ADDRESSES: Comments should be addressed to Ms. Diane Noda, Field 
Supervisor, Ventura Fish and Wildlife Service, 2493 Portola Road, Suite 
B, Ventura, California 93003. Written comments may also be sent by 
facsimile to (805) 644-3958.

FOR FURTHER INFORMATION, CONTACT: Mr. Ray Bransfield, Fish and Wildlife 
Biologist, at the above address or call (805) 644-1766.

SUPPLEMENTARY INFORMATION:

Availability of Documents

    Individuals wishing copies of the documents should immediately 
contact the Service's Ventura Fish and Wildlife Office at the above 
referenced address or telephone. Documents also will be available for 
public inspection, by appointment, during normal business hours at the 
above address.

Background

    The permit applicant proposes phased mining of up to 100 acres of 
desert habitat adjacent to Interstate 15. Portions of the site are 
occupied by the desert tortoise. One loggerhead shrike was observed on 
site during biological surveys. The site is considered potentially 
suitable habitat for the Mojave ground squirrel, although surveys were 
not conducted for this species. During the initial mining phase, 
lasting 5 years, the applicant would mine sand and gravel on up to 35 
acres of land. During the subsequent phase(s), lasting 15 years, the 
applicant would mine up to an additional 65 acres.
    The applicant needs an incidental take permit from the Service 
because endangered and threatened wildlife species are protected 
against ``take'' pursuant to section 9 of the ESA. The term ``take'' 
means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, 
or collect listed animal species, or attempt to engage in such conduct 
(16 U.S.C. 1538). The Service, however, may issue permits to take 
listed animal species if such taking is incidental to, and not the 
purpose of, otherwise lawful activities. Regulations governing permits 
for threatened and endangered species are at 50 CFR 17.22 and 17.32.
    As part of the permit application, the applicant prepared a habitat 
conservation plan that addresses the desert tortoise, Mojave ground 
squirrel, and loggerhead shrike. Pursuant to section 10(a)(1)(B) of the 
Federal ESA, the Service proposes to issue a permit to the applicant 
for incidental take of the threatened desert tortoise, and for the 
Mojave ground squirrel and loggerhead shrike should Federal take 
authorization for these latter two species be necessary during the life 
of the permit. The ground squirrel and shrike would be named on the 
permit; however, incidental take authorization for these species would 
become effective only if they become listed under the Federal ESA.
    The proposed sand and gravel mine would result in the loss of 
habitat for the desert tortoise, Mojave ground squirrel, and loggerhead 
shrike as the ground is disturbed and the vegetation communities are 
removed during mining activities. This mining could directly and 
indirectly affect these species.
    The proposed action would authorize the incidental take of all 
desert tortoises on the 100 acre site in the form of harassment from 
being moved out of harm's way. Additionally, two desert tortoises may 
be taken in the form of direct mortality associated with mining 
activities and vehicle travel on the mine access road. If Mojave ground 
squirrels are present on site, they would likely be killed during the 
initial grading of the mining areas. Loggerhead shrikes are unlikely to 
be killed or injured by the proposed action.
    The applicant's habitat conservation plan contains measures to 
minimize and/or mitigate the effects of the mining on the three 
species. Before mining begins, an amount of desert tortoise habitat 
equal to that being destroyed would be purchased and placed under 
management for recovery of the desert tortoise. A fence to prevent 
desert tortoises from entering the mine would be constructed under the 
supervision of

[[Page 61524]]

a biologist and the area enclosed by the fence would be systematically 
searched. All desert tortoises found would be relocated to adjacent 
habitat in a manner consistent with current handling procedures and 
guidelines. Workers at the mine site would be educated about the status 
of the desert tortoise and what to do if desert tortoises are found on 
access roads or during work activities. The applicant would ensure that 
trash is handled in a way that does not lure predators of the desert 
tortoise into the area.
    The phasing of mining would reduce the numbers of Mojave ground 
squirrels killed at any given time. The acquisition and management of 
off-site habitat would be the primary means of compensating for the 
loss of this habitat and individual Mojave ground squirrels. Nest tree 
buffers and grading season restrictions would protect any loggerhead 
shrikes nesting on site. During reclamation of the site, trees would be 
planted that provide nesting habitat for the loggerhead shrike.

Environmental Assessment

    The environmental assessment considers the environmental 
consequences of the proposed action and no action alternatives. A no 
take alternative was not feasible due to the size of the proposed mine 
and the unpredictable distribution of desert tortoises in the project 
area. Under the no action alternative, the Service would not issue an 
incidental take permit to the applicant and a habitat conservation plan 
would not be implemented. The applicant would not be able to proceed 
legally with mining as planned due to the presence of listed animal 
species in the area.

Authority

    This notice is provided pursuant to section 10(c) of the ESA and 
Service regulations for implementing the National Environmental Policy 
Act of 1969 (40 CFR 1506.6). The Service will evaluate the application, 
its associated documents, and comments submitted thereon to determine 
whether the application meets the requirements of the ESA. If the 
Service determines that the requirements are met, a permit will be 
issued for the incidental take of the listed species. A final decision 
on permit issuance will be made no sooner than 30 days from the date of 
this notice.

    Dated: November 12, 1997.
Thomas Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-30200 Filed 11-17-97; 8:45 am]
BILLING CODE 4310-55-P