94-32038. Endangered and Threatened Species Permit Application

[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32038]


[[Page Unknown]]

[Federal Register: December 29, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

 

Endangered and Threatened Species Permit Application

AGENCY: Fish and Wildlife, Interior.

ACTION: Notice of availability.

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    Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for the Cushenbury Sand and 
Gravel Quarry, San Bernardino County, California.

SUMMARY: This notice advises the public that Channel and Basin 
Reclamation, Inc., has applied to the U.S. Fish and Wildlife Service 
(Service) for an incidental take permit pursuant to section 10(a)(1)(B) 
of the Endangered Species Act of 1973, as amended (Act). The 
application has been assigned permit number 795218. The proposed permit 
would authorize the incidental take of the threatened desert tortoise 
(Gopherus agassizii).
    The Service also announces the availability of an environmental 
assessment (EA) for the incidental take permit application. This notice 
is provided pursuant to section 10(c) of the Act and National 
Environmental Policy Act regulations (40 CFR 1506.6).

DATES: Written comments on the permit application and EA should be 
received on or before January 30, 1995.

ADDRESSES: Comments regarding the application or adequacy of the EA 
should be addressed to Ms. Judy Hohman, Acting Field Supervisor, U.S. 
Fish and Wildlife Service, Ventura Field Office, 2140 Eastman Avenue, 
Suite 100, Ventura, California 93003. Please refer to permit No. 795218 
when submitting comments. Individuals wishing copies of the application 
or EA for review should immediately contact the above office 
(telephone: [phone]).

FOR FURTHER INFORMATION CONTACT: Mr. Ray Bransfield, U.S. Fish and 
Wildlife Service, 2140 Eastman Avenue, Suite 100, Ventura, California 
93003 (telephone: [phone]).

SUPPLEMENTARY INFORMATION:

Background

    Section 9 of the Act prohibits the ``taking'' of a threatened 
species such as the desert tortoise. However, the Service, under 
limited circumstances, may issue permits to take threatened species 
incidental to, and not the purpose of, otherwise lawful activities. 
Regulations governing permits for threatened species are promulgated at 
50 CFR 17.32.
    Channel and Basin Reclamation, Inc., proposes to develop a sand and 
gravel mining operation along the northern alluvial slope of the San 
Bernardino Mountains in south central San Bernardino County, 
California. The proposed development would permanently eliminate 123 
acres of desert tortoise habitat. Channel and Basin Reclamation, Inc., 
proposes to minimize and mitigate for this incidental take via several 
on-site and off-site measures. Such mitigation measures include 
acquisition of off-site desert tortoise habitat within areas that are 
considered important for the recovery of the species, and to enhance 
and manage these lands in perpetuity for the desert tortoise. 
Incidental take will be minimized from various on-site measures to 
avoid take of the desert tortoises to the maximum extent possible 
during development and operation of the sand and gravel mine.
    The EA considers the environmental consequences of the proposed 
action and other alternatives including no action, relocation of the 
mine site, and relocation of the desert tortoises found on the proposed 
site. The proposed action would result in the loss of a portion of a 
population of desert tortoises already fragmented by development in 
Lucerne Valley and located near the upper elevational limit of habitat 
occupied by desert tortoises. The proposed action would also result in 
the conservation and enhancement of desert tortoise habitat within high 
quality desert tortoise habitat that could be better managed for this 
species. Although the no action alternative would not permit the take 
of the desert tortoise on the proposed project site, the effects of 
other activities in the vicinity would likely prevent the long-term 
survival of desert tortoises at this site. Relocation of the mine site 
was rejected as an alternative to the proposed action because Channel 
and Basin Reclamation, Inc., owns the land proposed for development, 
has prepared an Environmental Impact Report for implementation of the 
proposed action at this site, has land use authorization from the 
County of San Bernardino, and does not have the financial capability to 
buy other lands in the Lucerne Valley area for an alternative site. 
Relocation of desert tortoises found at the proposed site was rejected 
as an alternative to the proposed action because of the potential for 
transmitting upper respiratory tract disease among populations of the 
desert tortoise and because of other concerns regarding relocation of 
this species.

    Dated: December 22, 1994.
H. Dale Hall,
Deputy Regional Director.
[FR Doc. 94-32038 Filed 12-28-94; 8:45 am]
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