940 Federal Register / Vol. 89, No. 5 / Monday, January 8, 2024 / Notices 

permit not operate to the disadvantage 

of endangered species, and that the 

permit be consistent with the purposes 

of the ESA. 

Our regulations implementing the 

ESA are in chapter I, subchapter B of 

title 50 of the Code of Federal 

Regulations (CFR) (50 CFR 13 and 50 

CFR 17). The regulations stipulate 

general and specific requirements that, 

when met, allow us to issue permits to 

authorize activities that are otherwise 

prohibited. Upon receipt of a complete 

application, the Director may issue a 

permit authorizing any activity 

otherwise prohibited by § 17.21, in 

accordance with the issuance criteria of 

this section, for scientific purposes, for 

enhancing the propagation or survival, 

or for the incidental taking of 

endangered wildlife. Such permits may 

authorize a single transaction, a series of 

transactions, or a number of activities 

over a specific period of time. (See 

§ 17.32 for permits for threatened 

species.) 

We collect information associated 

with application forms to determine the 

eligibility of applicants for permits 

requested in accordance with the 

criteria in section 10 of the ESA. The 

Service uses the following permit 

application forms for activities 

associated with native endangered and 

threatened species: 

• Form 3–200–54, Enhancement of 

Survival Permits Associated with Safe 

Harbor Agreement and Candidate 

Conservation Agreement with 

Assurances; 

• Form 3–200–56, Incidental Take 

Permits Associated with a Habitat 

Conservation Plan (HCP); 

• Form 3–200–59, Scientific, 

Enhancement of Propagation, or 

Survival (i.e., Purposeful Take for 

Recovery); and 

• Form 3–200–60, Interstate 

Commerce. 

Annual reporting of the results 

subsequent to the activity authorized by 

the permit is required in most cases 

(under the authority of section 

10(a)(1)(A) and 10(a)(1)(B) of the ESA 

and its implementing regulations at 50 

CFR 17). These reports allow us to 

evaluate the success of the project, 

formulate further research, and develop 

and adjust management and recovery 

plans for the species. We currently use 

the following reports specific to 

particular species (and regions, where 

appropriate): 

• Form 3–202–55a, U.S. Fish and 

Wildlife Service Geographic Area: 

Southwestern Bat Reporting Form; 

• Form 3–202–55b, U.S. Fish and 

Wildlife Service Geographic Area: 

Midwestern Bat Reporting Form; 

• Form 3–202–55c, U.S. Fish and 

Wildlife Service Geographic Area: 

Southeastern Bat Reporting Form; 

• Form 3–202–55d, U.S. Fish and 

Wildlife Service Geographic Area: 

Northeastern Bat Reporting Form; and 

• Form 3–202–55e, U.S. Fish and 

Wildlife Service Geographic Area: 

Plains/Rockies Bat Reporting Form. 

• Form 3–202–55f, Non-Releasable 

Sea Turtle Annual Report; and 

• Form 3–202–55g, Sea Turtle 

Rehabilitation Annual Report. 

• Form 3–2523, Midwest Geographic 

Area: Freshwater Mussel Reporting 

Form; 

• Form 3–2526, Midwest Geographic 

Area: Bumble Bee Reporting Form; 

• Form 3–2530, California/Nevada/ 

Klamath Basin, OR Recovery Permit 

Annual Summary Report Form; 

• Form 3–2532, U.S. Fish and 

Wildlife Service Geographic Area: 

Alaska Bat Reporting Form; 

• Form 3–2533, U.S. Fish and 

Wildlife Service Geographic Area: 

Northwestern Bat Reporting Form; and 

• Form 3–2534, U.S. Fish and 

Wildlife Service Geographic Area: 

Western Bat Reporting Form. 

Annual reporting of the results 

subsequent to the activity authorized by 

the permit is required in most cases 

(under the authority of section 

10(a)(1)(A) and section 10(a)(1)(B) of the 

ESA and its implementing regulations at 

50 CFR 17). The Service designed the 

forms to facilitate the electronic 

reporting specifically for each species. 

The Service will use the reported data 

to evaluate the success of the permitted 

project, formulate further research, and 

develop and adjust management and 

recovery plans for the species. The data 

will also inform 5-year reviews and 

species status assessments conducted 

under the ESA. 

Additionally, we require that the 

following notifications be made to the 

Service: 

• Private landowners who have an 

enhancement of survival permit (and 

accompanying safe harbor agreement or 

candidate conservation agreement with 

assurances) must notify us if their land 

management activities incidentally take 

a listed or candidate species covered 

under their permit. 

• We issue enhancement of survival 

permits to landowners, and their name 

is printed on the permit. If ownership of 

the land changes, this permit does not 

automatically transfer to the new 

landowner. Therefore, we ask the 

permittee to notify us if there is a 

change in land ownership so that we 

may update the permit; and 

• If a recovery or interstate commerce 

permit authorizes activities that include 

keeping wildlife in captivity, we ask the 

permittee to notify us if any of the 

captive wildlife escape. 

Title of Collection: Federal Fish and 

Wildlife Permit Applications and 

Reports—Native Endangered and 

Threatened Species; 50 CFR 10, 13, and 

17. 

OMB Control Number: 1018–0094. 

Form Numbers: FWS Forms 3–200– 

54, 3–200–56, 3–200–59, 3–200–60, 3– 

202–55a through 3–202–55g, 3–2523, 3– 

2526, 3–2530, and 3–2532 through 3– 

2534 (new). 

Type of Review: Extension of a 

currently approved collection. 

Respondents/Affected Public: 

Individuals; private sector; and State/ 

local/Tribal governments. 

Total Estimated Number of Annual 

Respondents: 4,258. 

Total Estimated Number of Annual 

Responses: 4,258. 

Estimated Completion Time per 

Response: Varies from 30 minutes to 

2,080 hours, depending on activity. 

Total Estimated Number of Annual 

Burden Hours: 119,949. 

Respondent’s Obligation: Voluntary. 

Frequency of Collection: On occasion, 

annually, one time. 

Total Estimated Annual Nonhour 

Burden Cost: $54,910 for fees associated 

with permit applications and 

amendments. 

An agency may not conduct or 

sponsor and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

The authority for this action is the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Madonna Baucum, 

Information Collection Clearance Officer, U.S. 

Fish and Wildlife Service. 

[FR Doc. 2024–00068 Filed 1–5–24; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[Docket No. FWS–R8–ES–2023–0251; 

FXES11140800000–245–FF08ECAR00] 

Receipt of Incidental Take Permit 

Application and Proposed Habitat 

Conservation Plan for Montebello Hills 

Phase B Project, City of Montebello, 

CA; Categorical Exclusion 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), announce receipt of 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 5 / Monday, January 8, 2024 / Notices 941 

an application from Metro Heights 

Montebello, LLC (applicant) for an 

incidental take permit (ITP) under the 

Endangered Species Act. The applicant 

requests the ITP to take the federally 

threatened coastal California 

gnatcatcher and endangered least Bell’s 

vireo incidental to construction of the 

Montebello Hills Phase B Project, in the 

City of Montebello, Los Angeles County, 

California. We request public comment 

on the application, which includes the 

applicant’s proposed habitat 

conservation plan (HCP), and the 

Service’s preliminary determination that 

the proposed permitting action may be 

eligible for a categorical exclusion 

pursuant to the Council on 

Environmental Quality’s National 

Environmental Policy Act (NEPA) 

regulations, the Department of the 

Interior’s (DOI) NEPA regulations, and 

the DOI Departmental Manual. To make 

this preliminary determination, we 

prepared a draft environmental action 

statement and low-effect screening form, 

both of which are also available for 

public review. We invite comment from 

the public and local, State, Tribal, and 

Federal agencies. 

DATES: We must receive your written 

comments on or before February 7, 

2024. 

ADDRESSES: 

Obtaining Documents: You may 

obtain copies of the documents this 

notice announces, along with any 

comments and other materials that we 

receive, online in Docket No. FWS–R8– 

ES–2023–0251 at https://

www.regulations.gov. 

Submitting Comments: If you wish to 

submit comments, you may do so in 

writing by one of the following 

methods: 

• Online: https://

www.regulations.gov. Follow the 

instructions for submitting comments 

on Docket No. FWS–R8–ES–2023–0251. 

• U.S. Mail: Public Comments 

Processing, Attn: Docket No. FWS–R8– 

ES–2023–0251; U.S. Fish and Wildlife 

Service, MS: PRB/3W; 5275 Leesburg 

Pike; Falls Church, VA 22041–3803.: 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jonathan Snyder, Assistant Field 

Supervisor, Carlsbad Fish and Wildlife 

Office, 760–431–9440 (telephone). 

Individuals in the United States who are 

deaf, blind, 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 an application from Metro 

Heights Montebello, LLC (applicant) for 

an 11-year incidental take permit (ITP) 

for two covered species pursuant to 

section 10(a)(1)(B) of the Endangered 

Species Act of 1973, as amended (ESA; 

16 U.S.C. 1531 et seq.). The application 

addresses the potential ‘‘take’’ of the 

threatened coastal California 

gnatcatcher (Polioptila californica 

californica) and the endangered least 

Bell’s vireo (Vireo bellii pusillus) 

associated with the construction of the 

Montebello Hills Phase B Project, in the 

City of Montebello, Los Angeles County, 

California. We request public comment 

on the application, which includes the 

applicant’s habitat conservation plan 

(HCP), and on the Service’s preliminary 

determination that this proposed ITP 

qualifies as ‘‘low effect,’’ and may 

qualify for a categorical exclusion 

pursuant to the Council on 

Environmental Quality’s National 

Environmental Policy Act (NEPA) 

regulations (40 CFR 1501.4), the 

Department of the Interior’s (DOI) NEPA 

regulations (43 CFR 46), and the DOI’s 

Departmental Manual (516 DM 

8.5(C)(2)). To make this preliminary 

determination, we prepared a draft 

environmental action statement and 

low-effect screening form, both of which 

are also available for public review. 

Background 

The proposed project is the second 

part of the larger 488-acre Montebello 

Hills Development and Conservation 

Project (also known as Montebello Hills 

Specific Plan). The Service consulted 

with the U.S. Army Corps of Engineers 

under section 7 of the Endangered 

Species Act on the effects to the coastal 

California gnatcatcher from the 

proposed issuance of a Clean Water Act 

section 404 permit for the Montebello 

Hills Development and Conservation 

Project in 2009 and in 2019. Ultimately, 

U.S. Army Corps of Engineers did not 

issue a 404 permit, because they 

determined that waters within the 

Montebello Hills Development and 

Conservation Project area are excluded 

from Clean Water Act jurisdiction. 

Phase A of the Montebello Hills 

Development and Conservation Project 

was initiated in 2019 and is currently 

under construction. 

Proposed Project 

The proposed project includes the 

construction of 851 residential homes, a 

park, and fuel modification zones on 

86.78 acres in the City of Montebello, 

California. The applicant requests an 11- 

year ITP under section 10(a)(1)(B) of the 

ESA. If we approve the permit, the 

applicant anticipates taking coastal 

California gnatcatcher and least Bell’s 

vireo as a result of impacts to 86.78 

acres, including about 32 acres of native 

coastal sage scrub vegetation these 

species use for breeding, feeding, and 

sheltering. The take would be incidental 

to the applicant’s activities associated 

with the construction of the Montebello 

Hills Phase B Project. 

Coastal California gnatcatchers are 

common in coastal sage scrub vegetation 

within the Montebello Hills, with a 

maximum of 160 pairs recorded in 2012. 

The proposed project area contained 7 

pairs prior to initiation of the Phase A 

of the Montebello Hills Development 

and Conservation Project in 2019 and 3 

pairs in 2023. Least Bell’s vireos are 

common in riparian woodlands near the 

proposed project area within Whittier 

Narrows Recreation Area, but were first 

observed within the project area in May 

of 2023. Riparian vegetation, suitable for 

vireo, occurs in small patches within 

the coastal sage scrub vegetation 

community. 

The applicant’s proposed HCP 

contains measures to minimize the 

effects of construction activities on the 

coastal California gnatcatcher and least 

Bell’s vireo. During construction, a 

Service-approved biological monitor 

will be present to ensure avoidance and 

minimization measures are understood 

by the contractors and implemented as 

anticipated. Impacts to preserved 

vegetation adjacent to the Project 

footprint will be avoided by surveying, 

staking, and fencing the limits of 

proposed impacts and controlling 

erosion, sedimentation, and pollution 

within the footprint of impacts. 

Vegetation removal will occur outside 

the breeding season to avoid active 

nests, and impacts to productivity will 

be minimized by limiting construction 

within 200 feet of an active nest. 

The applicant proposes to increase 

the quality and extent of habitat for the 

gnatcatcher and vireo that occurs within 

and adjacent to the project area by (1) 

restoring, preserving, and managing 

91.51 acres of native vegetation 

communities within the 276.83-acre 

Montebello Hills Habitat Reserve 

(Habitat Reserve), and (2) restoring, 

preserving, and managing 12 acres of 

native vegetation communities in the 

Puente Hills. In total, 100.11 acres of 

coastal sage scrub habitat for coastal 

California gnatcatcher and 3.4 acres 

riparian woodland habitat for least 

Bell’s vireo will be protected in 

perpetuity with conservation easements 

and managed in accordance with longterm management plans, with funding 

secured in non-wasting endowment 


ddrumheller on DSK120RN23PROD with NOTICES1
942 Federal Register / Vol. 89, No. 5 / Monday, January 8, 2024 / Notices 

accounts to ensure the quality and 

extent of restored habitats are 

maintained over time. 

Because the Habitat Reserve will be 

surrounded by residential development, 

the proposed project also includes 

several design features to minimize the 

potential for degradation of habitat that 

is preserved as part of the project. The 

fuel modification zone was minimized 

by incorporating fire-resistant features 

into the project design and will be 

planted with coastal sage scrub species 

approved for use by the local fire 

authority to maintain foraging habitat 

for coastal California gnatcatchers. 

Development landscaping will exclude 

invasive plant species and incorporate 

primarily drought-tolerant plants to 

minimize artificial irrigation. Lighting 

will be shielded and designed to 

minimize spillover into the Montebello 

Habitat Reserve. Fencing will prohibit 

access to the Habitat Reserve by 

homeowners and their pets, and notrespassing signs will be posted at likely 

points of entry. 

Proposed Action and Alternatives 

The proposed action consists of the 

issuance of an incidental take permit 

and implementation of the proposed 

HCP, which includes measures to avoid, 

minimize, and mitigate impacts to 

coastal California gnatcatcher and least 

Bell’s vireo. To comply with the 

requirements for an HCP under ESA 

section 10(a), alternatives to the project 

and the incidental take of coastal 

California gnatcatcher and least Bell’s 

vireo were evaluated. Under the No 

Action Alternative, the project would 

not be constructed, and no ITP would be 

issued. The No Action Alternative 

would not meet the primary goal of the 

proposed project, which is to construct 

residential homes within the project 

area. It would also represent a loss of 

the value of the infrastructure 

(roadways, utilities, and storm water 

facilities) previously constructed to 

facilitate development of Phase B, 

including revegetation of 41.85 acres of 

coastal sage scrub on slopes as part of 

the Phase A development. Alternatives 

to the proposed project are constrained 

by the Phase A development and would 

necessitate extensive changes to the 

developed subdivisions in Phase A from 

a land use, circulation, and utility 

perspective. There are no other feasible 

alternatives, based on the description of 

already installed improvements that 

would avoid incidental take of coastal 

California gnatcatcher and least Bell’s 

vireo. 

Our Preliminary Determination 

The Service has made a preliminary 

determination that the applicant’s 

proposed project would individually 

and cumulatively have a minor effect on 

the coastal California gnatcatcher, least 

Bell’s vireo, and the human 

environment. Therefore, we have 

preliminarily determined that the 

proposed ESA section 10(a)(1)(B) ITP 

would be a ‘‘low-effect’’ ITP that 

individually or cumulatively would 

have a minor effect on the species and 

may qualify for application of a 

categorical exclusion pursuant to the 

Council on Environmental Quality’s 

NEPA regulations, DOI’s NEPA 

regulations, and the DOI Departmental 

Manual. A ‘‘low-effect’’ ITP is one that 

would result in (1) minor or 

nonsignificant effects on species 

covered in the HCP; (2) nonsignificant 

effects on the human environment; and 

(3) impacts that, when added together 

with the impacts of other past, present, 

and reasonable foreseeable actions, 

would not result in significant 

cumulative effects to the human 

environment. 

Next Steps 

The Service will evaluate the 

application and the comments received 

to determine whether to issue the 

requested ITP. We will also conduct an 

intra-Service consultation pursuant to 

section 7 of the ESA to evaluate the 

effects of the proposed take. After 

considering the preceding and other 

matters, we will determine whether the 

permit issuance criteria of section 

10(a)(1)(B) of the ESA have been met. If 

met, the Service will issue the permit to 

the applicant for incidental take of 

coastal California gnatcatcher and least 

Bell’s vireo. 

Public Availability of Comments 

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 may 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 of the ESA (16 U.S.C. 1531 et seq.) 

and its implementing regulations (50 

CFR 17.22 and 17.32) 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). 

Kristine Petersen, 

Deputy Field Supervisor, Carlsbad Fish and 

Wildlife Office, Carlsbad, California. 

[FR Doc. 2024–00163 Filed 1–5–24; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R5–ES–2023–N082; 

FXES11130500000–201–FF05E00000] 

Endangered and Threatened Wildlife 

and Plants; Initiation of 5-Year Reviews 

of Five Northeastern Species 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of initiation of reviews; 

request for information. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, are initiating 5-year 

reviews under the Endangered Species 

Act, as amended, for five northeastern 

species. A 5-year review is based on the 

best scientific and commercial data 

available at the time of the review. We 

are requesting submission of any such 

information that has become available 

since the previous 5-year review for 

each species. 

DATES: To ensure consideration, please 

submit your written information by 

February 7, 2024. However, we will 

continue to accept new information 

about any listed species at any time. 

ADDRESSES: For instructions on how and 

where to submit information, see 

Request for New Information and Table 

2—Contacts under SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

General Information: Martin Miller, 

413–253–8615 (phone), martin_miller@

fws.gov (email), and via U.S. mail at 

U.S. Fish and Wildlife Service, 300 

Westgate Center Drive, Hadley, MA 

01035. 

Species-Specific Information and 

Submission of Comments: Contact the 

appropriate person or office listed in 

Table 2—Contacts in SUPPLEMENTARY

INFORMATION. 

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. 


ddrumheller on DSK120RN23PROD with NOTICES1