Billing Code 4333–15
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2023-0189; FXES11140800000-223-FF08ECAR00]
Incidental Take Permit Application for the Desert Tortoise; Draft Habitat
Conservation Plan and Draft Environmental Assessment; Desert Breeze Solar
Energy Project, San Bernardino, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for public comments.
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have received an
application from Desert Breeze Solar, LLC for an incidental take permit under the
Endangered Species Act. The permit would authorize take of the federally threatened
desert tortoise (Gopherus agassizii) incidental to otherwise lawful activities associated
with construction, operation, maintenance, and decommissioning of the Desert Breeze
Solar Site. We invite comments on the applicant’s draft habitat conservation plan and the
draft environmental assessment, which we have prepared pursuant to the National
Environmental Policy Act. We will take comments into consideration before deciding
whether to issue an incidental take permit.
DATES: Submitting Comments: We must receive any written comments on or before
[INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL
REGISTER].
ADDRESSES: Obtaining Documents: The application, application supporting
materials, and any comments and other materials that we receive will be available for
public inspection at https://www.regulations.gov in Docket No. FWS-R8-ES-2023-0189.
Submitting Written Comments: You may submit your written comments using
one of the following methods:

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Online: http://www.regulations.gov. Follow the instructions for submitting
comments on Docket No. FWS-R8-ES-2023-0189.

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U.S. mail: Public Comments Processing, Attn: Docket No. FWS-R8-ES-20230189; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike,
Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Jeremy Bisson, Fish and Wildlife
Biologist, by email at jeremy_bisson@fws.gov or via phone at 760-322-2070. Individuals
in the United States who are deaf, deafblind, hard of hearing, or have a speech disability
may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services.
Individuals outside the United States should use the relay services offered within their
country to make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: We have received an application from Desert
Breeze Solar, LLC (applicant) for an incidental take permit under the Endangered
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The application
addresses the potential take of the federally threatened desert tortoise, incidental to
otherwise lawful activities at the Desert Breeze Solar Site (project), as described in the
applicant’s draft habitat conservation plan. The proposed project would be located north
of the town of Hinkley in San Bernardino County, California.
Background
Section 9 of the ESA (16 U.S.C. 1538) and Federal regulations promulgated
pursuant to section 4(d) of the ESA (16 U.S.C. 1533) prohibit the take of endangered and
threatened animals without special exemption. Under section 10(a)(1)(B) of the ESA (16
U.S.C. 1539), we may issue permits to authorize take of listed fish and wildlife species
that is incidental to, and not the purpose of, carrying out an otherwise lawful activity.
Regulations governing permits for endangered and threatened species are set forth in title
50 of the Code of Federal Regulations (CFR) at part 17, sections 17.22 and 17.32.

The National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.) requires
Federal agencies to analyze their proposed actions to determine whether the actions may
significantly affect the human environment. In the NEPA analysis, the Federal agency
will identify the effects, as well as possible mitigation for effects on environmental
resources, that could occur with the implementation of the proposed action and
alternatives. The Federal action in this case is the Service’s proposed issuance of an
incidental take permit for the federally threatened desert tortoise.
Permit Application
The applicant has submitted a draft habitat conservation plan that describes the
activities covered by the permit, such as the construction of a solar field. To minimize the
risk of incidental take, the applicant would employ qualified biologists to translocate
desert tortoises to a safe location off site. The conservation plan also includes adaptive
management to allow for maintaining the protection of desert tortoises if necessary. To
mitigate the impact of the incidental take, the applicant proposes to fund the preservation
of desert tortoise habitat through a combination of new acquisition and purchased bank
credits from an existing conservation credit bank.
The draft conservation plan and the draft environmental assessment consider
alternatives to the proposed action, including a no action alternative.
The Service prepared a draft environmental assessment to evaluate the impacts of
issuing the proposed incidental take permit on the human environment, consistent with
the purpose and goals of NEPA and pursuant to the Council on Environmental Quality’s
implementing NEPA regulations at 40 CFR parts 1500–1508. Additionally, the draft
environmental assessment was prepared consistent with the Department of the Interior
NEPA regulations (43 CFR part 46); longstanding Federal judicial and regulatory
interpretations; and Administration priorities and policies, including Secretary’s Order
No. 3399, which requires bureaus and offices to use “the same application or level of

NEPA that would have been applied to a proposed action before the 2020 Rule went into
effect.”
Public Comments
If you wish to comment on the draft conservation plan and draft environmental
assessment, you may submit comments by one of the methods in ADDRESSES.
Public Availability of Comments
You may submit comments by one of the methods shown under ADDRESSES.
All comments and materials we receive in response to this request will become part of the
decision record associated with this action. Before including your address, phone number,
email address, or other personal identifying information in your comment, you should be
aware that your entire comment, including your personal identifying information, may be
made publicly available at any time. While you can ask us in your comment to withhold
your personal identifying information from public review, we cannot guarantee that we
will be able to do so.
Authority
The Service provides this notice under section 10(c) of the Endangered Species
Act (16 U.S.C. 1531 et seq.) and its implementing regulations and the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing regulations (40
CFR 1500-1508 and 43 CFR 46).
Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, California.

[FR Doc. 2024-12599 Filed: 6/7/2024 8:45 am; Publication Date: 6/10/2024]