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Kern County, California 5564 Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Notices DEPARTMENT OF THE INTERIOR Tehachapi Upland Draft MSHCP/SEIS incidental to, and not the purpose of, Comments. carrying out an otherwise lawful Fish and Wildlife Service Hard bound copies of the SDEIS, TU activity. Regulations governing permits MSHCP, and IA are available for for threatened species and endangered [FWS–R8–2011–N270; FF08E00000– viewing at the following locations: species, respectively, are at 50 CFR FXES11120800000F2–112] 1. U.S. Fish and Wildlife Service, 17.32 and 50 CFR 17.22. Tehachapi Uplands Multiple Species 2493 Portola Road, Suite B, Ventura, CA Although take of listed plant species Habitat Conservation Plan; Kern 93003. is not prohibited under the Act, and County, CA 2. Kern County Library, Frazier Park therefore cannot be authorized by an Branch, 3732 Park Drive, Frazier Park, incidental take permit, plant species AGENCY: Fish and Wildlife Service, CA 93225. may be included on a permit in Interior. FOR FURTHER INFORMATION CONTACT: recognition of the conservation benefits ACTION: Notice of availability of Steve Kirkland, Fish and Wildlife provided to them by a habitat Supplemental Draft Environmental Biologist, U.S. Fish and Wildlife conservation plan. All species included Impact Statement. Service, at 805–644–1766. on an incidental take permit would receive assurances under the Service’s SUPPLEMENTARY INFORMATION: SUMMARY: The Fish and Wildlife Service ‘‘No Surprises’’ regulation [50 CFR (Service) announces the availability of a Introduction 17.22(b)(5) and 17.32(b)(5)]. Supplemental Draft Environmental The Applicant seeks a 50-year We have received an application for Impact Statement (SDEIS) for the incidental take permit for covered an incidental take permit covering 27 Tehachapi Uplands Multiple Species activities within 141,886 acres of listed and unlisted species that may be Habitat Conservation Plan (TU MSHCP) covered lands on Tejon Ranch lands in taken or otherwise affected by on-going and the draft TU MSHCP and Kern County, California. Activities ranch activities and future low density Implementing Agreement (IA), for covered by the permit would include residential and commercial public review and comment. The SDEIS ongoing activities that have historically development activities on a portion of updates the analysis presented in the occurred at the Ranch, such as grazing the Tejon Ranch. The Applicant has 2009 Draft EIS on the TU MSHCP, and film production, as well as planned prepared the plan to satisfy the which we released for public comment future community development of requirements for a section 10(a)(1)(B) on February 4, 2009. Specifically, the approximately 5,533 acres within and permit (‘‘permit’’) under the Act (16 SDEIS addresses comments on the 2009 adjacent to the Interstate-5 corridor in U.S.C. 1531 et seq.). The permit is Draft EIS, and considers a 2010 analysis the Tejon Mountain Village Planning requested to authorize the incidental by the U.S. Geological Survey on Area and the Lebec/Existing take of species that could potentially occurrence of California condor in and Headquarters area, and take result from plan-wide activities around the TU MSHCP Covered Lands. minimization, mitigation and occurring throughout the 141,886 acres We are considering the issuance of a conservation measures provided under of lands proposed to be covered by the 50-year incidental take permit (permit) the TU MSHCP. The permit would not permit (‘‘covered lands’’), and from for 27 species in response to receipt of cover hunting or mineral extraction. approximately 5,533 acres of mountain an application prepared by Tejon Ranch Species proposed for coverage in the resort and other development within Corporation (Tejon or Applicant) TU MSHCP are species that are and adjacent to the Interstate 5 corridor pursuant to the Endangered Species Act currently listed as federally threatened and Lebec community within the of 1973, as amended (Act). or endangered or have the potential to covered lands in Kern County, become listed during the term of the DATES: Written comments must be California. The TU MSHCP proposes a permit and have some likelihood to received by on or before May 3, 2012. conservation strategy to minimize and occur within the plan area. Should any ADDRESSES: Obtaining Documents: You mitigate to the maximum extent of the unlisted covered wildlife species may download copies of the SDEIS, TU practicable any impacts that could occur become listed under the Act during the MSHCP and IA on the Internet at to covered species as the result of the term of the permit, take authorization http://www.fws.gov/ventura/. covered activities. for those species would become Alternatively, you may use one of the effective upon listing. Twenty-one Background methods below to request hard copies or animal species and six plant species are a CD–ROM of the documents. Section 9 of the Act and Federal known or have the potential to occur Submitting Comments: You may regulations prohibit the ‘‘take’’ of within the plan area and are proposed submit comments or requests for copies wildlife species listed as endangered or to be covered by the permit (Covered or more information by one of the threatened (16 U.S.C. 1538). The Act Species). The permit would include the following methods. defines the term ‘‘take’’ as to harass, following federally listed animal • Email: [[email protected]]. harm, pursue, hunt, shoot, wound, kill, species: California condor (Gymnogyps Include ‘‘Tehachapi Upland Draft trap, capture, or collect listed species, or californianus—federally listed as MSHCP/SEIS Comments’’ in the subject to attempt to engage in such conduct (16 endangered and state listed as line of the message. U.S.C. 1532). Harm includes significant endangered and fully protected), least • U.S. Mail: Roger Root, Assistant habitat modification or degradation that Bell’s vireo (Vireo bellii pusillus— Field Supervisor, U.S. Fish and Wildlife actually kills or injures listed wildlife federally listed as endangered), Service, 2493 Portola Road, Suite B, by significantly impairing essential southwestern willow flycatcher Ventura, CA 93003. behavioral patterns, including breeding, (Empidonax traillii extimus—federally • In-Person Drop-off, Viewing, or feeding, and sheltering [50 CFR 17.3(c)]. listed as endangered), and Valley Pickup: Call (805) 644–1766 to make an Pursuant to section 10(a)(1)(B) of the elderberry longhorn beetle (Democerus appointment during regular business Act, the Service may issue permits to californicus dimorphus—federally listed hours at the above address. authorize ‘‘incidental take’’ of listed as threatened). The permit would also • Fax: Roger Root, Assistant Field animal species. ‘‘Incidental Take’’ is include the following species currently Supervisor, (805) 644–3958, Attn.: defined by the Act as take that is unlisted under the Act: western yellow- VerDate Mar<15>2010 20:48 Feb 02, 2012 Jkt 226001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\03FEN1.SGM 03FEN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Notices 5565 billed cuckoo (Coccyzus americanus general and species-specific take in the 2009 Draft EIS. The alternative occidentalis—Federal candidate for avoidance, minimization, and has been updated to reflect the TMV listing); Tehachapi slender salamander mitigation measures to reduce potential Project Approvals, including approved (Batrachoseps stebbinsi ), bald eagle impacts to the covered species. With mitigation measures required by the (Haliaeetus leucocephalus), American regard to the California condor, the plan County, to reflect clarifications made to peregrine falcon (Falco peregrinus requires the ongoing monitoring of the California condor mitigation anatum), little willow flycatcher covered activities by a qualified measures proposed in the applicant’s (Empidonax traillii brewsteri), golden biologist to reduce the potential for any revised MSCHP, and to reflect that the eagle (Aquila chrysaetos), white-tailed human/condor interactions and the options to purchase easements over the kite (Elanus leucurus), ringtail permanent enforcement of covenants, areas formerly referred to as Potential (Bassariscus astutus), tricolored conditions, and restrictions on Open Space have been recorded per the blackbird (Agelaius tricolor), Tehachapi residential development to minimize terms of the Ranchwide Agreement pocket mouse (Perognathus alticola any impacts to condors. The plan also (referred to as Existing Conservation inexpectatus), burrowing owl (Athene provides funding for condor capture, Easement Areas). Where appropriate, we cunicularia), yellow-blotched care, and relocation in the unlikely added information or required salamander (Ensatina eschscholtzii event that a condor becomes habituated mitigation measures associated with the croceater), western spadefoot (Spea to human activities. No lethal take of TMV Project approvals to the SDEIS. hammondii), purple martin (Progne condors would be authorized under the The Condor Only HCP Alternative subis), yellow warbler (Dendroica permit. continues to represent a species petechia brewsteri), coast horned lizard) National Environmental Policy Act management approach that addresses (Phrynosoma coronatum (both frontale Compliance only the California condor; the and blainvillii populations), two-striped protection measures for the other The Service’s proposed issuance of an garter snake (Thamnophis hammondii), federally listed
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