[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47572-47573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22091]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2017-N134; FXES11130800000-178-FF08EVEN00]
Receipt of Application for Incidental Take Permit; Draft Low-
Effect Habitat Conservation Plan for the California Tiger Salamander;
Rice Ranch Development Project, Santa Barbara County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from John Scardino of Highlands at Double R,
LLC for an incidental take permit under the Endangered Species Act of
1973, as amended. The permit would authorize take of the federally
endangered California tiger salamander (Santa Barbara distinct
population segment), incidental to otherwise lawful activities
associated with the Rice Ranch Development Project draft low-effect
habitat conservation plan. We invite public comment.
DATES: Written comments should be received on or before November 13,
2017.
ADDRESSES: To obtain documents: You may download a copy of the draft
habitat conservation plan and draft low-effect screening form and
environmental action statement at http://www.fws.gov/ventura/, or you
may request copies of the documents by sending U.S. mail to our Ventura
office, or by phone (see FOR FURTHER INFORMATION CONTACT).
To submit written comments: Please send us your written comments
using one of the following methods:
U.S. mail: Send your comments to: Stephen P. Henry, Field
Supervisor, Ventura Fish and Wildlife Office, U.S. Fish and Wildlife
Service, 2493 Portola Road, Suite B, Ventura, CA 93003.
Facsimile: Fax your comments to 805-644-3958.
FOR FURTHER INFORMATION CONTACT: Rachel Henry, Fish and Wildlife
Biologist, 805-677-3312 (phone), or at the Ventura address in
ADDRESSES.
SUPPLEMENTARY INFORMATION: We have received an application from John
Scardino of Highlands at Double R, LLC (applicant) for an incidental
take permit under the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.; ESA). The applicant has agreed to follow all of
the conditions in the draft habitat conservation plan for the project.
The permit would authorize take of the Santa Barbara distinct
population segment of the federally endangered California tiger
salamander (Ambystoma californiense) incidental to otherwise lawful
activities associated with the draft Rice Ranch Development Habitat
Conservation Plan (HCP). We invite public comment on the application,
the draft HCP, draft low-effect screening form, and environmental
action statement.
Background
The Santa Barbara distinct population segment (DPS) of the
California tiger salamander was listed by the Service as endangered on
September 21, 2000 (65 FR 57242). Section 9 of the ESA and its
implementing regulations prohibit the ``take'' of fish or wildlife
species listed as endangered or threatened. ``Take'' is defined under
the ESA to include the following activities: ``[T]o harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct'' (16 U.S.C. 1532); however,
under section 10(a)(1)(B) of the ESA, we may issue permits to authorize
incidental take of listed species. ``Incidental take'' is defined by
the ESA as take that is incidental to, and not the purpose of, carrying
out of an otherwise lawful activity. Regulations governing incidental
take permits for threatened and endangered species are in the Code of
Federal Regulations (CFR) at 50 CFR 17.32 and 17.22, respectively.
Under the ESA, protections for federally listed plants differ from the
protections afforded to federally listed animals. Issuance of an
incidental take permit also must not jeopardize the existence of
federally listed fish, wildlife, or plant species. The permittee would
receive assurances under our ``No Surprises'' regulations (50 CFR
17.22(b)(5) and 17.32(b)(5)) regarding conservation activities for the
California tiger salamander.
Applicant's Proposed Activities
The applicant has applied for a permit for incidental take of the
California tiger salamander. The potential take will
[[Page 47573]]
occur in association with activities necessary for the construction of
the residential development. The site includes approximately 180 acres
of suitable upland habitat for the California tiger salamander. The HCP
includes avoidance and minimization measures for the covered species
and mitigation for unavoidable loss of occupied upland habitat through
the purchase of mitigation credits at a Service-approved conservation
bank.
Our Preliminary Determination
The Service has made a preliminary determination that issuance of
the incidental take permit is neither a major Federal action that will
significantly affect the quality of the human environment within the
meaning of section 102(2)(C) of the National Environmental Policy Act
(42 U.S.C. 4321 et seq.; NEPA), nor will it individually or
cumulatively have more than a negligible effect on the species covered
in the HCP. The Service considers the impacts of the project on the
California tiger salamander to be minor as the affected habitat is
moderate to low quality and does not provide connectivity between
breeding ponds. Therefore, the permit qualifies for a categorical
exclusion under NEPA.
Public Comments
If you wish to comment on the permit application, draft HCP, and
associated documents, you may submit comments by one of the methods in
ADDRESSES.
Public Availability of Comments
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 view, we cannot guarantee that we will be able
to do so.
Authority
We provide this notice under section 10 of the ESA (16 U.S.C. 1531
et seq.) and NEPA regulations (40 CFR 1506.6).
Dated: October 5, 2017.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2017-22091 Filed 10-11-17; 8:45 am]
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