[Federal Register Volume 83, Number 8 (Thursday, January 11, 2018)]
[Notices]
[Pages 1380-1382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28489]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2017-N115; FRES48020810360-XXX]


Draft Habitat Conservation Plan for the California Department of 
Parks and Recreation Oceano Dunes District, San Luis Obispo County, 
California; Notice of Intent To Prepare Environmental Assessment or 
Environmental Impact Statement; Initiation of Public Scoping Process

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), intend to 
prepare draft environmental analysis (either an environmental 
assessment or an environmental impact statement) under the National 
Environmental Policy Act (NEPA) for the proposed habitat conservation 
plan for the California Department of Parks and Recreation Oceano Dunes 
District (HCP). The HCP is a conservation plan as required under the 
Endangered Species Act of 1973, as amended (ESA), for issuance of an 
incidental take permit (ITP). The draft environmental analysis will 
evaluate the impacts of several alternatives related to the proposed 
issuance of an ITP to the California Department of Parks and Recreation 
Oceano Dunes District (CDPR, applicant) for incidental take of 
threatened and endangered wildlife species that could result from 
activities covered under the HCP. The HCP would also include 
conservation measures for endangered plants. We also are announcing the 
initiation of a public scoping process to engage Federal, Tribal, 
State, and local governments and the public in the identification of 
issues and concerns, potential impacts, and possible alternatives to 
the proposed action.

DATES: In order to be included in the analysis, all comments must be 
received or postmarked on or before March 12, 2018. We will hold public 
scoping meetings at a location in the vicinity of the proposed plan 
area. At least one week prior to the meeting dates, we will announce 
exact meeting locations, dates, and times in local newspapers and on 
the internet at https://www.fws.gov/ventura/.

ADDRESSES: Please provide comments in writing by one of the following 
methods:
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#4e222b202f112d262f20290e28393d60292138"><span class="__cf_email__" data-cfemail="3559505b546a565d545b52755342461b525a43">[email protected]</span></a>. Please include Oceano Dunes HCP 
in the subject line of the message.
    <bullet> Facsimile: 805-644-3958, Attn: Oceano Dunes HCP.
    <bullet> U.S. Mail: Field Supervisor, Ventura Fish and Wildlife 
Office, U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B, 
Ventura, CA 93003. Please specify that your information request or 
comments concern the Oceano Dunes HCP.

FOR FURTHER INFORMATION CONTACT: Lena Chang, by U.S. mail (see 
ADDRESSES), or by phone at 805-677-3305. If you use a 
telecommunications device for the deaf, please call the Federal Relay 
Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), intend to prepare an environmental analysis under the 
National Environmental Policy Act, as amended (42 U.S.C. 4321 et seq.; 
NEPA), for the proposed habitat conservation plan (HCP) for the 
California Department of Parks and Recreation Oceano Dunes District. 
The HCP is a conservation plan as required under the Endangered Species 
Act of 1973, as amended (16 U.S.C. 1531 et seq.; ESA), for issuance of 
a section 10(a)(1)(B) incidental take permit (ITP). The proposed ITP 
would authorize the incidental take of threatened and endangered 
wildlife species that could result from ongoing activities associated 
with the public use, recreation management, natural resources 
management, and park and beach management in two coastal Oceano Dunes 
District park units and an associated inland lake located in San Luis 
Obispo County, California. The HCP would also include conservation 
measures to protect endangered plant species. We also are announcing 
the initiation of a public scoping process to engage Federal, Tribal, 
State, and local governments and the public in the identification of 
issues and concerns, potential impacts, and possible alternatives to 
the proposed action. Upon completion of the public scoping process and 
completion of our review of the applicant's proposed HCP, we may 
determine that an environmental assessment rather than an environmental 
impact statement is sufficient to support potential issuance of the 
ITP.

Background

    Section 9 of the ESA and its implementing regulations prohibit 
``take'' of fish and wildlife species listed as endangered or 
threatened (16 U.S.C. 1538; 50 CFR 17.21 and 17.31). Under section 3 of 
the ESA, the term ``take'' means to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect, or to attempt to engage in any 
such conduct (16 U.S.C. 1532(19)). The term ``harm'' is further defined 
by regulation as an act that actually kills or injures wildlife. Such 
acts may include significant habitat modification or degradation where 
it actually kills or injures wildlife by significantly impairing 
essential behavioral patterns, including breeding, feeding, or 
sheltering (50 CFR 17.3). The term ``harass'' is also further defined 
in the regulations as an intentional or negligent act or omission that 
creates the likelihood of injury to wildlife by annoying it to such an 
extent as to significantly disrupt normal behavioral patterns, which 
include, but are not limited to, breeding, feeding, or sheltering (50 
CFR 17.3).
    Under section 10(a)(1)(B) of the ESA, the Secretary of the Interior 
may authorize the taking of federally listed species if such taking 
occurs incidental to otherwise legal activities and where a 
conservation plan has been developed under section 10(a)(2)(A) that 
describes: (1) The impact that will likely result from such taking; (2) 
the steps an applicant will take to minimize and mitigate that take to 
the maximum extent practicable and the funding that will be available 
to implement such steps; (3) the alternative actions to such taking 
that an applicant considered and the reasons why such alternatives are 
not being utilized; and (4) other measures that the Service may require 
as being necessary or appropriate for the purposes of the plan. 
Issuance criteria under section 10(a)(2)(B) for an incidental take 
permit require the Service to find that: (1) The taking will be 
incidental to otherwise lawful activities; (2) an applicant will, to 
the maximum extent practicable, minimize and mitigate the impacts of 
such taking; (3) an applicant has ensured that adequate funding for the 
plan will be

[[Page 1381]]

provided; (4) the taking will not appreciably reduce the likelihood of 
the survival and recovery of the species in the wild; and (5) the 
measures, if any, we require as necessary or appropriate for the 
purposes of the plan will be met. Regulations governing permits for 
endangered and threatened species are at 50 CFR 17.22 and 17.32, 
respectively.

Public Scoping

    A primary purpose of the scoping process is to receive suggestions 
and information on the scope of issues and alternatives to consider 
when drafting the environmental documents and to identify significant 
issues and reasonable alternatives related to the Service's proposed 
action (issuance of an ITP under the HCP). In order to ensure that we 
identify a range of issues and alternatives related to the proposed 
action, we invite comments and suggestions from all interested parties. 
We will conduct a review of this project according to the requirements 
of NEPA and its regulations, other relevant Federal laws, regulations, 
policies, and guidance, and our procedures for compliance with 
applicable regulations. Once the environmental documents are completed, 
we will offer further opportunities for public comment.

Proposed Action

    The proposed action is the issuance of an incidental take permit 
(ITP) for the covered species for the recreational and management 
activities within the proposed permit area for a period of 25 years. 
The proposed HCP, which must meet the requirements of section 
10(a)(2)(A) of the ESA by providing measures to minimize and mitigate 
the effects of the potential incidental take of covered species to the 
maximum extent practicable, would be developed and implemented by the 
applicant. This alternative could allow for a comprehensive mitigation 
approach for unavoidable impacts and reduce permit processing times and 
efforts for the applicant and the Service.
    Activities proposed for coverage under the proposed ITP would be 
otherwise lawful activities that could occur consistent with the HCP, 
include, but are not limited to:
    1. Park Visitor Activities: Motorized recreation, including off 
highway vehicle use (i.e., 4x4, all-terrain vehicle, quad, motorcycle, 
and sandrail); camping; pedestrian activities including picnicking, 
sunbathing, swimming, hiking; bicycling and golfing; fishing; dog 
walking (on leash only); equestrian recreation; boating/surfing; and 
aerial/wind driven activities, including kiteboarding; and holiday or 
special events.
    2. Natural Resources and Covered Species Management: Management for 
bird species (habitat protections, habitat enhancement, monitoring, 
banding, tracking, predator control, and other ongoing programs, 
salvaging abandoned eggs and chicks; fish surveys; amphibian surveys 
and associated management; plant monitoring, propagation, and habitat 
enhancement; habitat restoration program, including seed collection, 
propagation, planting, monitoring, and minor grading to access work 
areas; exotic pest plant and animal control, including prescribed fire, 
herbicide application, and hand clearing of paths to access work areas; 
Habitat Monitoring System implementation, including small mammal 
trapping, point counts, shorebird counts, and coverboards; and water 
quality monitoring and improvement projects.
    3. Park Maintenance: Campground maintenance, including mowing, 
hazardous tree program, restroom upkeep, and housekeeping; general 
facilities maintenance; trash control; wind fence installation, 
maintenance, and removal; sand ramp and other vehicular access 
maintenance, including roadway resurfacing; street sweeping; routine 
riparian maintenance; spillway and culvert maintenance; vegetation 
management along trails and roads; emergent vegetation control; minor 
flood control maintenance; perimeter and vegetation island fence 
installation, maintenance, and removal; cable fence maintenance and 
sand movement; heavy equipment response in all areas of Oceano Dunes 
State Vehicular Recreation Area; minor grading (less than 50 cubic 
yards); and boardwalk and other pedestrian access maintenance.
    4. Visitor Services: Ranger, lifeguard, and park aide patrols; 
emergency response, including accidents, injuries, distressed vessels, 
search and rescue; access by non-CDPR vehicles; American Safety 
Institute courses, including all-terrain vehicles and recreational 
utility vehicle courses; concessions; Pismo Beach Golf Course 
operations; Grover Beach Lodge and Conference Center; natural history 
and interpretation programs, including stationary programs, roving 
interpretation, interpretive walks, and driving tours.
    5. Other HCP Covered Activities: Motorized vehicle crossing of 
Arroyo Grande Creek; Pismo Creek estuary seasonal (floating) bridge; 
recreational riding in 40 acres; replacement of the Safety and 
Education Center; dust control activities; cultural resources 
management; management of agricultural lands; maintenance of bioreactor 
on agricultural lands; Oso Flaco Lake causeway culvert replacement; 
special projects; and reduction of the Boneyard and 6 exclosures.
    We anticipate that the following 10 Federal and State listed 
species will be included as covered species in the applicant's proposed 
HCP. *The applicant is seeking incidental take authorization for the 
four covered animal species.
    Federally Endangered: *California least tern (Sternula antillarum 
browni), *tidewater goby (Eucyclogobius newberryi), Gambel's watercress 
(Rorippa gambelii), La Graciosa thistle (Cirsium scariosum var. 
loncholepis), marsh sandwort (Arenaria paludicola), Nipomo Mesa lupine 
(Lupinus nipomensis)
    Federally Threatened: *western snowy plover (Charadrius nivosus 
nivosus), *California red-legged frog (Rana draytonii)
    Not Federally Listed: surf thistle (Cirsium rhothophilum), beach 
spectaclepod (Dithyrea maritime)
    Candidate and federally listed species not likely to be taken by 
the covered activities and therefore not covered by the proposed ITP 
may also be addressed in the proposed HCP to explain why the applicant 
believes these species will not be taken.

Other Alternatives

    The proposed action presented in the environmental analysis will be 
compared to the no-action alternative. The no-action alternative 
compares estimated future conditions without implementation of the 
proposed HCP to the estimated future conditions with the HCP in place. 
The no action and one other alternative, including their potential 
impacts, will be addressed and are outlined below.

No-Action Alternative

    Because the proposed covered activities are integral to CDPR's 
operational mission, these activities would continue regardless of 
whether this 10(a)(1)(B) ITP is issued. Without a 10(a)(1)(B) ITP, the 
applicant should avoid impacts to protected species' habitat. Where 
potential impacts to federally protected species within the proposed 
permit area could not be avoided, the applicant should seek an 
individual section 10(a)(1)(B) ITP on a project-by-project basis. 
Although future activities by the applicant would be similar to those 
covered by the HCP, not all activities would necessitate an incidental 
take permit. Thus, under the no-action alternative, the applicant

[[Page 1382]]

would likely have to file numerous separate section 10(a)(1)(B) permit 
applications over the 25-year project period. This activity-by-activity 
approach would be more time consuming and less efficient than 
authorizing activities under this comprehensive incidental take permit, 
and could result in a fragmented mitigation approach.

Proposed Action Without Reduction of Exclosure Boundaries

    This alternative is the proposed action without reductions in 
exclosure boundaries in the Boneyard and 6 exclosure areas. With this 
alternative, the boundaries of the Boneyard and 6 exclosures would not 
be reduced in size to increase areas for recreation. Off highway 
vehicle and camping opportunities in this area would remain as they are 
under the current management program.
Public Availability of Comments
    Written comments we receive become part of the public record 
associated with this action. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that the 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. Comments and materials we 
receive, as well as supporting documentation we use in preparing the 
environmental analysis, will be available for public inspection, by 
appointment, during normal business hours at the Service's Ventura Fish 
and Wildlife Office in Ventura, California (see ADDRESSES, above).

Scoping Meetings

    See DATES for the date and times of our public meetings. The 
purpose of scoping meetings is to provide the public with a general 
understanding of the background of the proposed HCP and activities it 
would cover, alternative proposals under consideration, and the 
Service's role and steps to be taken to develop the draft environmental 
analysis for the proposed HCP.
    Additionally, the purpose of these meetings and public comment 
period is to solicit suggestions and information on the scope of issues 
and alternatives for the Service to consider when preparing the draft 
environmental documents. Oral and written comments will be accepted at 
the meetings. Comments can also be submitted by methods listed in the 
ADDRESSES section. Once the draft environmental documents and proposed 
HCP are complete and made available for review, there will be 
additional opportunity for public comment on the content of these 
documents through an additional comment period.

Meeting Location Accommodations

    Please note that the meeting location will be accessible to 
wheelchair users. If you require additional accommodations, please 
notify us at least 1 week in advance of the meeting.

Authority

    We publish this notice in compliance with the NEPA and its 
implementing regulations (40 CFR 1501.7, 1506.6, and 1508.22), and 
section 10(c) of the ESA.

    Dated: December 28, 2017.
Stephen P. Henry,
Field Supervisor, Pacific Southwest Region, U.S. Fish and Wildlife 
Service.
[FR Doc. 2017-28489 Filed 1-10-18; 8:45 am]
BILLING CODE 4333-15-P


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