[Federal Register Volume 63, Number 51 (Tuesday, March 17, 1998)]
[Notices]
[Pages 13062-13063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6806]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of a Habitat Conservation Plan and Receipt of an
Application for an Incidental Take Permit for the Newhall Land and
Farming Project on the Santa Clara River, California
AGENCY: Fish and Wildlife Service.
ACTION: Notice of availability.
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SUMMARY: Newhall Land and Farming Company, Incorporated (Newhall), has
applied to the Fish and Wildlife Service for a 50-year incidental take
permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of
1973, as amended. Newhall's project involves water diversions and low
water crossings on the Santa Clara River between Castaic Creek in Los
Angeles County and Rancho Camulos in Ventura County, California. The
Service proposes to issue an incidental take permit and provide
assurances for the endangered unarmored threespine stickleback
(Gasterosteus aculeatus williamsoni), the threatened California red-
legged frog (Rana aurora draytonii), and should they be listed, for the
Santa Ana sucker (Catostomus santaanae), a candidate for listing under
the Endangered Species Act, and the following unlisted species of
concern: arroyo chub (Gila orcutti), southwestern pond turtle (Clemmys
marmorata pallida), and two-striped garter snake (Thamnophis
hammondii). This notice opens the comment period on the permit
application package, which includes the Habitat Conservation Plan for
the Newhall Land and Farming Company's Crossings of the Santa Clara
River (Newhall Plan).
The Service has determined that the Newhall Plan qualifies as a low
effect plan as defined by the Service's Habitat Conservation Planning
handbook (November 1996). The Service has further determined that
approval of the Newhall Plan qualifies as a categorical exclusion under
the National Environmental Policy Act, as provided by the Department of
the Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1).
This determination is explained in an Environmental Action Statement,
available for public review.
Comments are requested on the Newhall Plan and the Service's
Environmental Action Statement. In particular, the Service requests
comments on the appropriateness of the ``No Surprises'' assurance
discussed under the ``Unforeseen Events'' section of the Plan. All
comments received, including names and addresses, will become part of
the administrative record and may be made available to the public.
DATES: Written comments should be received on or before April 16, 1998.
ADDRESSES: Comments should be addressed to Diane K. Noda, Field
Supervisor, Ventura Fish and Wildlife Office, 2493 Portola Road, Suite
B, Ventura, California 93003. Written comments may also be sent by
facsimile to (805) 644-3958.
FOR FURTHER INFORMATION CONTACT: Kirk Waln, Fish and Wildlife
Biologist, at the above address (805-644-1766).
SUPPLEMENTARY INFORMATION:
Availability of Documents
Individuals wishing copies of the documents should immediately
contact the Service's Ventura Fish and Wildlife Office at the above
referenced address, or by telephone at (805) 644-1766. Documents will
also be available for public inspection, by appointment, during normal
business hours at the above address.
Background Information
Newhall proposes to continue installation of six summertime
crossings of the Santa Clara River and four temporary diversions of
river water to supply irrigation needs. The crossings and diversions
are an integral part of Newhall's agricultural operations; the
crossings provide access to fields south of the river that are largely
inaccessible by other means, and the diversions supply water for
irrigation of row crops. Each year, in the spring, the crossings and
diversions are installed in the same locations in the reach of the
Santa Clara River from approximately Castaic Creek in Los Angeles
County to Rancho Camulos in Ventura County. In the fall, the crossings
and diversions are removed prior to flood events. The proposed action
would result in the temporary disturbance of 14 acres of bank and river
channel. The banks in the footprint of the crossings proper are devoid
of vegetation due to many years of road installation and use. At the
crossings and diversions, the active river channel is also largely
devoid of vegetation because, in many years, the
[[Page 13063]]
active river channel is cleared of vegetation by scouring that occurs
during flood events. In years with minimal rainfall, emergent
vegetation that develops upstream of the crossings following their
installation may persist until the next flood event.
The affected reach of the river supports populations of the
endangered unarmored threespine stickleback and the following unlisted
species of concern: the Santa Ana sucker, arroyo chub, southwestern
pond turtle, and two-striped garter snake. Although not observed in
recent years, the threatened California red-legged frog may occur in
the affected reach.
Pursuant to section 9 of the Endangered Species Act, listed species
are protected against take; that is, no one may harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture or collect the species, or
attempt to engage in such conduct (16 USC 1538). The Service, however,
may issue permits to take listed animal species if such taking is
incidental to, and not the purpose of, otherwise lawful activities.
Regulations governing permits for endangered and threatened species are
promulgated at 50 CFR 17.22 and 17.32.
The Service proposes to issue an incidental take permit to the
applicant for the take of unarmored threespine sticklebacks and
California red-legged frogs. The proposed permit would be effective
upon issuance for species currently listed under the Endangered Species
Act. Should the unlisted species covered by the Plan be federally
listed as threatened or endangered during the term of the permit, take
authorization for them would become effective concurrent with their
listing under the Endangered Species Act. In addition, the applicant
seeks Federal assurances that no additional land restrictions or
financial compensation would be required for species adequately covered
by the Newhall Plan. To receive assurances, all species covered by the
Plan must be treated as if they are listed and the Plan, with its
avoidance, minimization and management measures, must be implemented.
The proposed Federal action would authorize the incidental take,
through harassment, of all unarmored threespine sticklebacks and
California red-legged frogs within the individual crossing and
diversion sites. Similarly, all Santa Ana suckers, arroyo chubs,
southwestern pond turtles, and two-striped garter snakes would be
harassed during their removal from harm's way prior to installation and
removal of the river crossings and diversions. The Service anticipates
that limited numbers of individuals of listed species and species of
concern would be killed or injured during installation or removal of
the crossings and diversions. Such incidental take, in the form of
injury or mortality, would be authorized through the incidental take
permit.
To minimize the effects of the proposed project, the proponent
would implement a take avoidance plan during installation and removal
of the crossings and diversions. The take avoidance plan includes:
preconstruction surveys of the various sites by qualified biologists
prior to installation activities; installation of blocking nets to
isolate the work area; visual searches and seining of the work area;
and removal from harm's way of individual fish and wildlife that are
encountered.
The Service has determined that the Newhall Plan qualifies as a
``low-effect'' Plan as defined by the Fish and Wildlife Service's
Habitat Conservation Planning Handbook (November 1996). Low-effect
Plans are those involving (1) minor or negligible effects on federally
listed and candidate species and their habitats, and (2) minor or
negligible effects on other environmental values or resources. The
Newhall Plan qualifies as a low-effect Plan for the following reasons:
1. The effects of the plan are minor or negligible on federally
listed, proposed, or candidate species and their habitats. The effects
of Newhall's actions on the Santa Clara River are minor in comparison
to natural river processes (e.g., low flows and high flows). The
installation, presence, and removal of the river crossings appear not
to negatively affect the federally listed, candidate, and species of
concern that inhabit the affected reaches. By slowing the flow of
water, the crossings create habitat conditions favorable to many
species native to the project area.
2. The effects of the project are minor or negligible on other
environmental resources. Relative to vehicle traffic on Highway 126,
which lies along the northern margin of the river's floodplain, the
contribution of Newhall's farming activities to air pollution is
negligible. The limited pulses of elevated turbidity that occur through
installation and removal of Newhall's river crossings do not greatly
affect water quality and soil. Within the footprint of the river
crossings, there are no known cultural resources; considering the
natural disturbance which occurs during flood flows and the historic
use of the crossing areas, the presence of cultural resources is
extremely unlikely.
3. No significant cumulative effects are expected to occur as a
result of project implementation. There currently are no other low-
effect habitat conservation plans in preparation or foreseeable for the
Santa Clara River. The effect of this action on natural resources is
very limited and would contribute little to the cumulative effects of
other projects if they did arise.
In addition, none of the exceptions to categorical exclusions (from
516 DM 2.3, Appendix 2) apply to the Newhall Plan. The Service
therefore has determined that approval of the Newhall Plan qualifies as
a categorical exclusion under the National Environmental Policy Act, as
provided by the Department of the Interior Manual (516 DM 2, Appendix 1
and 516 DM 6, Appendix 1). Therefore, no further National Environmental
Policy Act documentation will be prepared.
This notice is provided pursuant to section 10(c) of the Endangered
Species Act. The Service will evaluate the permit application, the
Newhall Plan, and comments submitted thereon to determine whether the
application meets the requirements of section 10(a) of the Endangered
Species Act. If it is determined that the requirements are met, a
permit will be issued. The final permit decision will be made no sooner
than 30 days from the date of this notice.
Dated: March 11, 1998.
Thomas Dwyer,
Acting Regional Director, Region 1, Portland, Oregon.
[FR Doc. 98-6806 Filed 3-16-98; 8:45 am]
BILLING CODE 4310-55-P
