[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Notices]
[Pages 24192-24193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08634]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2021-0164; FXES11140800000-223-FF08ECAR00]


Receipt of Application for Renewal of Incidental Take Permit; 
Low-Effect Habitat Conservation Plan for the Threatened Coastal 
California Gnatcatcher, Los Angeles County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of receipt of permit renewal application; request for 
comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Monterey Park Retail Partners, LLC, for 
renewal of an incidental take permit pursuant to the Endangered Species 
Act. The applicant has requested a renewal that will extend permit 
authorization by 5 years from the date the permit is reissued. The 
permit would authorize take of the federally threatened coastal 
California gnatcatcher, incidental to otherwise lawful activities 
associated with the low-effect habitat conservation plan (HCP) for the 
Monterey Park Market Place Project in Los Angeles County, California. 
If the permit is renewed, no additional take above the original 
authorized limit of up to three pairs of coastal California gnatcatcher 
associated with permanent removal of 2.77 acres of coastal sage scrub 
and 9.12 acres of mulefat scrub and ruderal vegetation within the 62-
acre development area will be authorized. We invite the public and 
local, State, Tribal, and Federal agencies to comment on the 
application, which includes the applicant's current HCP. In accordance 
with the requirements of the National Environmental Policy Act (NEPA), 
we have prepared a draft low-effect screening form supporting our 
preliminary determination that the proposed action qualifies for a 
categorical exclusion under NEPA. To

[[Page 24193]]

make this determination, we reassessed our environmental action 
statement and low-effect screening form prepared for the current HCP, 
and this draft NEPA compliance documentation is also available for 
public review.

DATES: We must receive your written comments on or before May 23, 2022.

ADDRESSES: Document availability: Electronic copies of the documents 
this notice announces, along with public comments received, will be 
available online in Docket No. FWS-R8-ES-2021-0164 at https://www.regulations.gov.
    Comment submission: In your comment, please specify whether your 
comment addresses the proposed HCP, draft environmental action 
statement, or any combination of the aforementioned documents, or other 
supporting documents. You may submit written comments by one of the 
following methods:
    <bullet> Online: https://www.regulations.gov. Search for and submit 
comments on Docket No. FWS-R8-ES-2021-0164.
    <bullet> By hard copy: Submit comments by U.S. mail to Public 
Comments Processing, Attn: Docket No. FWS-R8-ES-2021-0164; U.S. Fish 
and Wildlife Service; 5275 Leesburg Pike, MS: PRB/3W; Falls Church, VA 
22041-3803.

FOR FURTHER INFORMATION CONTACT: Mr. Jonathan D. Snyder, Assistant 
Field Supervisor, Carlsbad Fish and Wildlife Office, 760-431-9440. 
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 telecommunicators 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, the U.S. Fish and Wildlife Service 
(Service), have received an application from Monterey Park Retail 
Partners, LLC (applicant), to renew incidental take permit TE20536C-0 
under the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 
1531 et seq.). The applicant has requested a renewal that would extend 
the permit authorization by 5 years from the date the permit is 
reissued. The existing permit is valid from February 6, 2017, to 
February 6, 2022. The applicant has agreed to follow all of the 
existing habitat conservation plan (HCP) conditions. The permit would 
authorize take of the federally threatened coastal California 
gnatcatcher (Polioptila californica californica), incidental to 
otherwise lawful activities associated with the low-effect HCP for the 
Monterey Park Market Place Project. If the permit is renewed, no 
additional take above the original authorized limit of up to three 
pairs of coastal California gnatcatcher associated with permanent 
removal of 2.77 acres of coastal sage scrub and 9.12 acres of mulefat 
scrub and ruderal vegetation within the 62-acre development area will 
be authorized.
    We invite the public and local, State, Tribal, and Federal agencies 
to comment on the application, which includes the applicant's current 
low-effect HCP and our preliminary determination that the proposed 
action is categorically excluded under NEPA. To make this 
determination, we reassessed our environmental action statement and 
low-effect screening form prepared for the current HCP, and this draft 
NEPA compliance documentation is also available for public review.

Background

    The coastal California gnatcatcher was listed by the Service as 
threatened on March 30, 1993 (58 FR 16742). Section 9 of the ESA and 
its implementing Federal regulations prohibit the ``take'' of animal 
species listed as endangered or threatened. ``Take'' is defined under 
the ESA 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 ESA, the Service may issue permits to authorize 
incidental take of listed species. ``Incidental taking'' is defined by 
the ESA implementing regulations as taking that is incidental to, and 
not the purpose of, carrying out an otherwise lawful activity (50 CFR 
17.3). Regulations governing incidental take permits for endangered and 
threatened species, respectively, are found in the Code of Federal 
Regulations at 50 CFR 17.22 and 50 CFR 17.32. Issuance of an incidental 
take permit also must not be likely to jeopardize the continued 
existence of any federally listed fish, wildlife, or plant species. All 
species included in the incidental take permit would receive assurances 
under our ``No Surprises'' regulations (50 CFR 17.22(b)(5) and 
17.32(b)(5)).
    The applicant has applied for the renewal of their permit for 
incidental take for the threatened coastal California gnatcatcher. The 
potential taking would occur by activities associated with the 
construction of a commercial development (as defined in the HCP) in an 
area that supports suitable habitat for the covered species. The 
project is located on an approximately 62-acre property in Monterey 
Park, Los Angeles County, California. An incidental take permit was 
first issued for the HCP on February 6, 2017, and will expire on 
February 6, 2022.

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(c) of the ESA (16 U.S.C. 
1539) and NEPA regulations at 40 CFR 1506.6.

Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2022-08634 Filed 4-21-22; 8:45 am]
BILLING CODE 4333-15-P