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[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Notices]
[Pages 7154-7155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01340]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2024-0160; FXES11140800000-256-FF08ECAR00]

Incidental Take Permit Application for the Desert Tortoise; Draft 
Habitat Conservation Plan and Draft Environmental Assessment; Overnight 
Solar Energy Project, San Bernardino County, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for public comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Overnight Solar, LLC for an incidental 
take permit under the Endangered Species Act. The permit would 
authorize take of the federally threatened desert tortoise (Gopherus 
agassizii) incidental to otherwise lawful activities associated with 
construction, operation, maintenance, and decommissioning of the 
Overnight Solar Energy Project. We invite comments on the applicant's 
draft habitat conservation plan and the draft environmental assessment, 
which we have prepared pursuant to the National Environmental Policy 
Act. We will take comments into consideration before deciding whether 
to issue an incidental take permit.

DATES: Submitting Comments: We must receive any written comments on or 
before February 20, 2025.

ADDRESSES: Obtaining Documents: The application, application supporting 
materials, and any comments and other materials that we receive will be 
available for public inspection at https://www.regulations.gov in 
Docket No. FWS-R8-ES-2024-0160.
    Submitting Written Comments: You may submit your written comments 
using one of the following methods:
     Online: http://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2024-0160.
     U.S. Mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2024-0160; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 
Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Richard Tung, Fish and Wildlife 
Biologist, by email at [email protected] or via phone at 760-322-
2070. 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-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION: We have received an application from 
Overnight Solar, LLC (applicant) for an incidental take permit under 
the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.). The application addresses the potential take of the federally 
threatened desert tortoise (Gopherus agassizii), incidental to 
otherwise lawful activities at the Overnight Solar Energy Project 
(project), as described in the applicant's draft habitat conservation 
plan. The proposed project would be located north of the town of 
Hinkley in San Bernardino County, California.

Background

    Section 9 of the ESA (16 U.S.C. 1538) and Federal regulations 
promulgated pursuant to section 4(d) of the ESA (16 U.S.C. 1533) 
prohibit the take of endangered and threatened animals without special 
exemption. Under section 10(a)(1)(B) of the ESA (16 U.S.C. 1539), we 
may issue permits to authorize take of listed fish and wildlife species 
that is incidental to, and not the purpose of, carrying out an 
otherwise lawful activity. Regulations governing permits for endangered 
and threatened species are set forth in title 50 of the Code of Federal 
Regulations (CFR) at part 17, sections 17.22 and 17.32.
    The National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et 
seq.) requires Federal agencies to analyze their proposed actions to 
determine whether the actions may significantly affect the human 
environment. In the NEPA analysis, the Federal agency will identify the 
effects, as well as possible mitigation for effects on environmental 
resources, that could occur with the implementation of the proposed 
action and alternatives. The Federal action in this case is the 
Service's proposed issuance of an incidental take permit for the 
federally threatened desert tortoise.

Permit Application

    The applicant has submitted a draft habitat conservation plan that 
describes the activities proposed to be covered by the permit, such as 
the construction of a solar field. To minimize the risk of incidental 
take, the applicant would employ qualified biologists to translocate 
desert tortoises to a safe location off site. To mitigate the impact of 
the incidental take, the applicant proposes to fund the preservation of 
desert tortoise habitat through new acquisition of suitable habitat or 
purchase of applicable mitigation credits from a Service approved 
mitigation bank.
    The draft conservation plan and the draft environmental assessment

[[Page 7155]]

consider alternatives to the proposed action, including a no action 
alternative.
    The Service prepared a draft environmental assessment to evaluate 
the impacts of issuing the proposed incidental take permit on the human 
environment, consistent with the purpose and goals of NEPA and pursuant 
to the Council on Environmental Quality's implementing NEPA regulations 
at 40 CFR parts 1500 through 1508. Additionally, the draft 
environmental assessment was prepared consistent with the Department of 
the Interior NEPA regulations (43 CFR part 46); longstanding Federal 
judicial and regulatory interpretations; and Administration priorities 
and policies, including Secretary's Order No. 3399.

Public Comments

    If you wish to comment on the draft conservation plan and draft 
environmental assessment, you may submit comments by one of the methods 
in ADDRESSES.

Public Availability of Comments

    All comments and materials we receive in response to this request 
will become part of the decision record associated with this action.
    If you submit a comment at https://www.regulations.gov, your entire 
comment, including any personal identifying information, will be posted 
on the website.
    If you submit a hardcopy comment that includes personal identifying 
information, such as your address, phone number, or email address, 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 hardcopy document to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

Authority

    The Service provides this notice under section 10(c) of the 
Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing 
regulations and the National Environmental Policy Act (42 U.S.C. 4321 
et seq.) and its implementing regulations (40 CFR 1500 through 1508 and 
43 CFR part 46).

Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2025-01340 Filed 1-17-25; 8:45 am]
BILLING CODE 4333-15-P
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