Notice2022-08634
Receipt of Application for Renewal of Incidental Take Permit; Low-Effect Habitat Conservation Plan for the Threatened Coastal California Gnatcatcher, Los Angeles County, California
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 22, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
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 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.
Full Text
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<title>Federal Register, Volume 87 Issue 78 (Friday, April 22, 2022)</title>
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[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Notices]
[Pages 24192-24193]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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
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</html>Indexed from Federal Register on April 22, 2022.
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