Availability of a Draft Environmental Assessment and Receipt of an Application for an Incidental Take Permit for the Tulare Irrigation District Main Intake Canal Lining Project, Tulare County, CA

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Availability of a Draft Environmental Assessment and Receipt of

an Application for an Incidental Take Permit for the Tulare Irrigation

District Main Intake Canal Lining Project, Tulare County, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability and receipt of application.

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SUMMARY: The Tulare Irrigation District has applied to the Fish and

Wildlife Service (Service) for an incidental take permit (Permit)

pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973,

as amended (Act). The Service proposes to issue a 5-year Permit to

Tulare Irrigation District that

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would authorize take of the threatened valley elderberry longhorn

beetle (Desmocerus californicus dimorphus) (beetle) and the endangered

San Joaquin kit fox (Vulpes macrotis mutica) (fox) incidental to

otherwise lawful activities. Such take would occur during the concrete

lining of 9.7 miles of an existing canal in Tulare County, California.

Lining of the canal will result in the loss of up to 54 elderberry

plants with 227 stems which provide habitat for the beetle. This

project may also result in destruction of potential fox dens, and could

result in harassment of foxes during construction.

This notice advises the public that the Service has opened the

comment period on the permit application and the draft environmental

assessment. The permit application includes Tulare Irrigation

District's Habitat Conservation Plan (Plan) for the beetle and fox. The

Plan describes the proposed project and the measures that Tulare

Irrigation District would undertake to minimize and mitigate take of

beetles and foxes. The environmental assessment addresses effects on

the environment that may result from the Service's issuance of the

Permit. Issuance of a Permit to Tulare Irrigation District for the

canal lining project has already been subject to a 30-day public

comment period (64 FR 42408). The original application requested

incidental take for the beetle only. The Service now proposes to issue

the Permit for take of the beetle and the fox.

The Service will evaluate the application, associated documents,

and comments submitted thereon to determine whether the application

meets the requirements of the National Environmental Policy Act and

section 10(a) of Act. The Service will also evaluate whether the

issuance of the requested permit complies with section 7 of the Act by

conducting an intra-Service section 7 consultation. The resulting

section 7 biological opinion, in combination with the National

Environmental Protection Act and section 10(a) evaluations, will be

used in the final analysis to determine whether or not to issue the

requested permit. The final National Environmental Protection Act and

Endangered Species Act determinations will not be completed until after

the end of a 30-day comment period and will fully consider all comments

received. If it is determined that the requirements are met, the

requested permit will be issued for the incidental take of the beetle

and fox subject to the provisions of Tulare Irrigation District's Plan.

DATES: Written comments should be received on or before February 7,

2000.

ADDRESSES: Send written comments to Mr. Wayne White, Field Supervisor,

Fish and Wildlife Service, 2800 Cottage Way, Room W-2605, Sacramento,

California 95825-1846. Comments may be sent by facsimile to 916-414-

6713.

FOR FURTHER INFORMATION CONTACT: Ms. Jesse Wild, Fish and Wildlife

Biologist, at the above address or call (916) 414-6600.

SUPPLEMENTARY INFORMATION:

Document Availability

Please contact the above office if you would like copies of the

application, Plan, and environmental assessment. Documents also will be

available for review by appointment, during normal business hours at

the above address.

Background

Section 9 of the Act and Federal regulations prohibit the ``take''

of fish or wildlife species listed as endangered or threatened. Take of

listed fish or wildlife is defined under the Act to include kill, harm,

or harass. The Service may, under limited circumstances, issue permits

to authorize incidental take; i.e., take that is incidental to, and not

the purpose of, the carrying out of an otherwise lawful activity.

Regulations governing incidental take permits for threatened and

endangered species are found in 50 CFR 17.32 and 17.22, respectively.

Tulare Irrigation District operates the Main Intake Canal (canal)

primarily to transport an average of 60,000 acre-feet of water from the

St. Johns and Kaweah Rivers to agricultural areas within Tulare

Irrigation District boundaries. The canal begins at a turnout on the

Friant-Kern Canal approximately 4 miles east of the community of

Ivanhoe in Tulare County and proceeds in a general southwesterly

direction to the Tulare Irrigation District boundary at Road 132

approximately 3 miles west of the community of Farmersville. The

existing canal is unlined with a varying capacity up to 900 cubic feet

per second. Since 1978, the canal has conveyed water an average of 177

days per year. According to Tulare Irrigation District, approximately

10 percent of water conveyed through the canal is lost to seepage.

Therefore, Tulare Irrigation District has proposed to line the canal to

conserve water, increase water deliveries, and decrease per-unit costs

associated with water deliveries.

Although the maintained banks of the canal are generally

unvegetated, several mature oaks, cottonwoods, and elderberry bushes

are present within and adjacent to Tulare Irrigation District right-of-

ways. Land use adjacent to the canal is primarily agricultural

(vineyards, orchards, and nurseries) interspersed with stretches of

sparse residential and industrial developments. The irrigation district

comprises approximately 70,000 acres of land, which has been entirely

developed for agricultural, residential, and/or commercial purposes.

In 1998, biologists surveyed the project area for special-status

wildlife and plant species that could be affected by the project. Blue

elderberry plants, potential habitat for the beetle, were observed at

various locations along the canal. Some of these plants had stems with

exit holes indicating use by beetles. Potential fox den sites were also

found along the canal.

Lining of the canal will result in the loss of up to 54 elderberry

plants (beetle habitat) with 227 stems greater than one inch in

diameter (the minimum stem size believed to be necessary for supporting

beetles). Tulare Irrigation District has agreed to implement the

following measures to minimize and mitigate take of the beetle: (1)

Protect elderberry bushes in place, where possible, by using protective

fencing and conducting educational meetings with contractors to

highlight the importance of protecting elderberry bushes; and (2) make

a one-time payment into the Beetle Mitigation Fund that has been

established through a joint agreement between the Service and the

Center for Natural Lands Management. Payments made to the Beetle

Mitigation Fund will be dispersed by the Center for Natural Lands

Management at the direction of the Service to preserve and manage large

tracts of habitat suitable for supporting beetles.

Foxes potentially inhabiting the project area could be harassed

through temporary disturbance during construction. The Service expects

take of up to five potential fox dens. To minimize these impacts,

Tulare Irrigation District agreed to implement the following measures

to minimize take of foxes: (1) Conduct preconstruction surveys

consistent with Service protocol; (2) collapse unoccupied potential

dens to prevent occupation during construction; (3) limit construction

to daylight hours, to minimize harassment of nocturnally active

wildlife, including foxes; (4) cap pipes over four inches in diameter,

or check any such pipes for wildlife before they are moved; (5) check

for presence of wildlife before operating any equipment with the

potential to conceal

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wildlife; and (6) place speed limits of 20 miles per hour or less on

canal roads.

The Proposed Action addressed in the environmental assessment

consists of the issuance of a Permit to allow the potential incidental

take of beetles and foxes incidental to the Main Intake Canal Lining

Project. The environmental assessment focuses on the potential impacts

on beetles and foxes that may result from issuance of a Permit and

implementation of the Plan. Impacts on other resources (ground water

and surface water, land use, aesthetic resources, air quality, noise,

cultural resources, public services, traffic, and circulation) are

discussed in detail in the Environmental Impact Report for the Main

Intake Canal Lining Project and are summarized in the Service's

environmental assessment.

An alternative to the taking of listed species under the Proposed

Action is considered in the Plan and environmental assessment. Under

the No Action Alternative, no permit would be issued. However, the No

Action Alternative is unacceptable as it will continue to result in the

loss of up to 6,000 acre-feet of water per year. Five other

alternatives are presented in the Plan and the environmental

assessment, but are considered unacceptable for various reasons,

including disagreement among, or opposition from, local landowners.

All interested agencies, organizations, and individuals are urged

to provide comments on the permit application and environmental

assessment. All comments received by the closing date will be

considered in finalizing National Environmental Protection Act

compliance and permit issuance or denial. The Service will publish a

record on its final action in the Federal Register.

Dated: January 3, 2000.

Thomas Dwyer,

Acting Regional Director, Fish and Wildlife Service, Portland, Oregon.

[FR Doc. 00-333 Filed 1-6-00; 8:45 am]

BILLING CODE 4310-55-P