[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Notices]
[Pages 2174-2176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00623]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2021-0169; FXES11140800000-223-FF08ECAR00]


Endangered and Threatened Wildlife and Plants; Incidental Take 
Permit Application; Proposed Low-Effect Habitat Conservation Plan and 
Associated Documents; County of San Diego, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from the Ramona Municipal Water District 
(applicant) for a 4-year incidental take permit for the endangered 
Stephens' kangaroo rat and arroyo toad pursuant to the Endangered 
Species Act of 1973, as amended (Act). We are requesting comments on 
the permit application and on the preliminary determination that the 
proposed habitat conservation plan (HCP) qualifies as a ``low-effect'' 
HCP, eligible for a categorical exclusion under the National 
Environmental Policy Act of 1969, as amended. The basis for this 
determination is discussed in the environmental action statement and 
the associated low-effect screening form, which are also available for 
public review.

DATES: We will accept comments received or postmarked on or before 
February 14, 2022.

ADDRESSES:  Obtaining Documents: Electronic copies of the documents 
this notice announces, along with public comments received, will be 
available online in Docket No. FWS-R8-ES-2021-0169 at https://www.regulations.gov.
    Submitting Comments: You may submit comments by one of the 
following methods:
    <bullet> Online: https://www.regulations.gov. Search for and submit 
comments on Docket No. FWS-R8-ES-2021-0169.
    <bullet> By hard copy: Submit comments by U.S. mail to Public 
Comments Processing, Attn: Docket No. FWS-R8-ES-2021-0169; U.S. Fish 
and Wildlife Service; 5275 Leesburg Pike, MS: PRB/3W; Falls Church, VA 
22041-3803.

FOR FURTHER INFORMATION CONTACT: Mr. Jonathan Snyder, Assistant Field 
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES); 
telephone: 760-

[[Page 2175]]

431-9440. If you use a telecommunications device for the deaf (TDD), 
please call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have received an application from the Ramona Municipal Water 
District (applicant) for a 4-year incidental take permit for two 
covered species pursuant to section 10(a)(1)(B) of the Endangered 
Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.). The 
application addresses the potential ``take'' of the endangered 
Stephens' kangaroo rat and arroyo toad in the course of activities 
associated with installation of a 20-inch-diameter effluent pipeline in 
San Diego County, California. A conservation program to avoid, 
minimize, and mitigate for project activities would be implemented as 
described in the habitat conservation plan (HCP) prepared by the 
applicant.
    We are requesting comments on the permit application and on the 
preliminary determination that the proposed HCP qualifies as a ``low-
effect'' HCP, eligible for a categorical exclusion under the National 
Environmental Policy Act (NEPA) of 1969, as amended. The basis for this 
determination is discussed in the environmental action statement (EAS) 
and associated low-effect screening form, which are also available for 
public review.

Background

    Section 9 of the Act and its implementing Federal regulations 
prohibit the ``take'' of animal species listed as endangered or 
threatened. Take is defined under the Act as to ``harass, harm, pursue, 
hunt, shoot, wound, kill, trap, capture, or collect listed animal 
species, or to attempt to engage in such conduct'' (16 U.S.C. 1538). 
``Harm'' includes significant habitat modification or degradation that 
actually kills or injures listed wildlife by significantly impairing 
essential behavioral patterns such as breeding, feeding, or sheltering 
(50 CFR 17.3). However, under section 10(a) of the Act, the Service may 
issue permits to authorize incidental take of listed species. 
``Incidental take'' is defined by the Act as take that is incidental 
to, and not the purpose of, carrying out an otherwise lawful activity. 
Regulations governing incidental take permits for threatened and 
endangered species, respectively, are found in the Code of Federal 
Regulations at 50 CFR 17.22 and 50 CFR 17.32.
    The applicant requests a 4-year permit under section 10(a)(1)(B) of 
the Act. If we approve the permit, Stephens' kangaroo rat (Dipodomys 
stephensi) may be taken as a result of temporary impacts to 8.61 acres 
(ac) of habitat the species uses for breeding, feeding, and sheltering. 
Because potential incidental take is unlikely to be observed in 
burrows, the take limit will be set by habitat, and we estimate the 
number of individuals taken based on estimated density. Within 8.61-
acre area, average Stephens' kangaroo rat density is categorized as low 
to trace (0-5 individuals per acre). In addition, arroyo toads {a. 
southwestern t. [Anaxyrus californicus (Bufo microscaphus c.)]{time}  
may be taken within the 11.59-acre project impact area. No arroyo toad 
breeding habitat will be impacted, but some individuals may be 
aestivating (a prolonged period of dormancy) within the project area. 
Any individual arroyo toads observed within the project area will be 
translocated to nearby suitable habitat. The take would be incidental 
to the applicant's activities associated with installation of a 20-
inch-diameter effluent pipeline in San Diego County, California. The 
project includes in-perpetuity preservation and management of 8.61 ac 
of Stephens' kangaroo rat habitat within a 79-ac preserve managed for 
the species, and invasive species management in support of the arroyo 
toad.
    The proposed project will temporarily impact 11.59 ac of land 
through trenching and placement of the pipeline, including 8.61 ac of 
Stephens' kangaroo rat habitat. Arroyo toads have been observed in 
wetland habitat near the proposed project site, and individual arroyo 
toad(s) may be aestivating underground within the project area and may 
be impacted during construction.
    To minimize the effects of project construction on the Stephens' 
kangaroo rat, the proposed HCP includes fencing of the work area as 
well as trapping and relocation of individual Stephens' kangaroo rats 
prior to construction impacts. The applicant proposes to mitigate for 
permanent impacts to 8.61 ac of occupied Stephens' kangaroo rat habitat 
through preservation of 8.61 ac of occupied Stephens' kangaroo rat 
habitat within a nearby conservation easement and funding of long-term 
management to benefit the species.
    To minimize take of arroyo toad, the proposed HCP includes measures 
to install arroyo toad exclusionary fencing around the work area and 
trap and relocate any arroyo toads in the work area prior to 
construction impacts. To mitigate impacts to arroyo toad, the 
applicant's proposed HCP includes measures to eliminate invasive 
species that prey upon arroyo toads in a nearby pond that is known to 
support arroyo toad breeding.

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 the Stephens' kangaroo rat 
and arroyo toad. If we approve the permit, take of Stephens' kangaroo 
rat and arroyo toad would be authorized for the applicant's activities 
associated with the pipeline installation project. In the proposed HCP, 
the applicant considered the No Action Alternative. Under the No Action 
Alternative, no incidental take of Stephens' kangaroo rat or arroyo 
toad would occur, and no long-term protection and management would be 
afforded to the species. Under this alternative, the applicant would 
not be able to meet the growth and development needs of San Diego 
County.

Our Preliminary Determination

    The Service has made a preliminary determination that approval of 
the proposed HCP qualifies as a categorical exclusion under NEPA, as 
provided by the Department of the Interior Manual (516 DM 2 Appendix 1 
and 516 DM 6 Appendix 1) and as a ``low-effect'' plan as defined by the 
Habitat Conservation Planning Handbook (November 1996).
    We base our determination that an HCP qualifies as a low-effect 
plan on the following three criteria:
    (1) Implementation of the HCP would result in minor or negligible 
effects on federally listed, proposed, and candidate species and their 
habitats;
    (2) Implementation of the HCP would result in minor or negligible 
effects on other environmental values or resources; and
    (3) Impacts of the HCP, considered together with the impacts of 
other past, present, and reasonably foreseeable similarly situated 
projects, would not result, over time, in cumulative effects to 
environmental values or resources that would be considered significant.
    Based upon this preliminary determination, we do not intend to 
prepare further NEPA documentation. We will consider public comments in 
making the final determination on whether to prepare such additional 
documentation.

Next Steps

    We will evaluate the proposed HCP and comments we receive to 
determine whether the permit application meets the requirements and 
issuance criteria under section 10(a) of the Act (16 U.S.C.

[[Page 2176]]

1531 et seq.). We will also evaluate whether issuance of a section 
10(a)(1)(B) incidental take permit would comply with section 7 of the 
Act by conducting an intra-Service consultation. We will use the 
results of this consultation, in combination with the above findings, 
in our final analysis to determine whether or not to issue a permit. If 
the requirements and issuance criteria under section 10(a) are met, we 
will issue the permit to the applicant for incidental take of Stephens' 
kangaroo rat and arroyo toad.

Public Comments

    If you wish to comment on the permit application, proposed HCP, and 
associated documents, you may submit comments by any of the methods 
noted in the ADDRESSES section.

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 Act (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2022-00623 Filed 1-12-22; 8:45 am]
BILLING CODE 4333-15-P