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

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

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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