[Federal Register Volume 62, Number 222 (Tuesday, November 18, 1997)] [Notices] [Pages 61523-61524] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-30200] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Availability of an Environmental Assessment and Receipt of an Application for an Incidental Take Permit for the Wildwash Sand and Gravel Mine, San Bernardino County, CA AGENCY: Fish and Wildlife Service. ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: E. L. Yeager Construction Company, Incorporated, of Riverside, California, has applied to the Fish and Wildlife Service for a 20-year incidental take permit pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA). The Service proposes to issue an incidental take permit for the federally-listed threatened desert tortoise (Gopherus agassizii) at the proposed mine site, located in San Bernardino County, California. The permit also would include the state-listed threatened Mojave ground squirrel (Spermophilus mohavensis) and the unlisted loggerhead shrike (Lanius ludovicianus), should these species be listed during the life of the permit. This notice announces the availability of the permit application and the environmental assessment. The permit application includes the habitat conservation plan for the Wildwash Sand and Gravel Mine and an implementing agreement. The Service requests comments on these documents, including the appropriateness of the ``No Surprises'' assurances contained in section 12.3.a of the implementing agreement. 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 December 18, 1997. ADDRESSES: Comments should be addressed to Ms. Diane Noda, Field Supervisor, Ventura Fish and Wildlife Service, 2493 Portola Road, Suite B, Ventura, California 93003. Written comments may also be sent by facsimile to (805) 644-3958. FOR FURTHER INFORMATION, CONTACT: Mr. Ray Bransfield, Fish and Wildlife Biologist, at the above address or call (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 telephone. Documents also will be available for public inspection, by appointment, during normal business hours at the above address. Background The permit applicant proposes phased mining of up to 100 acres of desert habitat adjacent to Interstate 15. Portions of the site are occupied by the desert tortoise. One loggerhead shrike was observed on site during biological surveys. The site is considered potentially suitable habitat for the Mojave ground squirrel, although surveys were not conducted for this species. During the initial mining phase, lasting 5 years, the applicant would mine sand and gravel on up to 35 acres of land. During the subsequent phase(s), lasting 15 years, the applicant would mine up to an additional 65 acres. The applicant needs an incidental take permit from the Service because endangered and threatened wildlife species are protected against ``take'' pursuant to section 9 of the ESA. The term ``take'' means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect listed animal species, or attempt to engage in such conduct (16 U.S.C. 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 threatened and endangered species are at 50 CFR 17.22 and 17.32. As part of the permit application, the applicant prepared a habitat conservation plan that addresses the desert tortoise, Mojave ground squirrel, and loggerhead shrike. Pursuant to section 10(a)(1)(B) of the Federal ESA, the Service proposes to issue a permit to the applicant for incidental take of the threatened desert tortoise, and for the Mojave ground squirrel and loggerhead shrike should Federal take authorization for these latter two species be necessary during the life of the permit. The ground squirrel and shrike would be named on the permit; however, incidental take authorization for these species would become effective only if they become listed under the Federal ESA. The proposed sand and gravel mine would result in the loss of habitat for the desert tortoise, Mojave ground squirrel, and loggerhead shrike as the ground is disturbed and the vegetation communities are removed during mining activities. This mining could directly and indirectly affect these species. The proposed action would authorize the incidental take of all desert tortoises on the 100 acre site in the form of harassment from being moved out of harm's way. Additionally, two desert tortoises may be taken in the form of direct mortality associated with mining activities and vehicle travel on the mine access road. If Mojave ground squirrels are present on site, they would likely be killed during the initial grading of the mining areas. Loggerhead shrikes are unlikely to be killed or injured by the proposed action. The applicant's habitat conservation plan contains measures to minimize and/or mitigate the effects of the mining on the three species. Before mining begins, an amount of desert tortoise habitat equal to that being destroyed would be purchased and placed under management for recovery of the desert tortoise. A fence to prevent desert tortoises from entering the mine would be constructed under the supervision of [[Page 61524]] a biologist and the area enclosed by the fence would be systematically searched. All desert tortoises found would be relocated to adjacent habitat in a manner consistent with current handling procedures and guidelines. Workers at the mine site would be educated about the status of the desert tortoise and what to do if desert tortoises are found on access roads or during work activities. The applicant would ensure that trash is handled in a way that does not lure predators of the desert tortoise into the area. The phasing of mining would reduce the numbers of Mojave ground squirrels killed at any given time. The acquisition and management of off-site habitat would be the primary means of compensating for the loss of this habitat and individual Mojave ground squirrels. Nest tree buffers and grading season restrictions would protect any loggerhead shrikes nesting on site. During reclamation of the site, trees would be planted that provide nesting habitat for the loggerhead shrike. Environmental Assessment The environmental assessment considers the environmental consequences of the proposed action and no action alternatives. A no take alternative was not feasible due to the size of the proposed mine and the unpredictable distribution of desert tortoises in the project area. Under the no action alternative, the Service would not issue an incidental take permit to the applicant and a habitat conservation plan would not be implemented. The applicant would not be able to proceed legally with mining as planned due to the presence of listed animal species in the area. Authority This notice is provided pursuant to section 10(c) of the ESA and Service regulations for implementing the National Environmental Policy Act of 1969 (40 CFR 1506.6). The Service will evaluate the application, its associated documents, and comments submitted thereon to determine whether the application meets the requirements of the ESA. If the Service determines that the requirements are met, a permit will be issued for the incidental take of the listed species. A final decision on permit issuance will be made no sooner than 30 days from the date of this notice. Dated: November 12, 1997. Thomas Dwyer, Acting Regional Director, Region 1, Portland, Oregon. [FR Doc. 97-30200 Filed 11-17-97; 8:45 am] BILLING CODE 4310-55-P