[Federal Register Volume 84, Number 57 (Monday, March 25, 2019)]
[Notices]
[Pages 11121-11122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05613]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2018-N067; FXES11140800000-189-FF08EVEN00]
Habitat Conservation Plans for the California Tiger Salamander;
Categorical Exclusion for the La Laguna Los Alamos Project and the
Phillips 66 Idle Pipeline 352x4 Abandonment 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 two applications for an incidental take permit for the
federally endangered California tiger salamander (Santa Barbara County
distinct population segment) under the Endangered Species Act of 1973,
as amended. La Laguna Los Alamos LLC, submitted a permit application
which, if issued, would authorize take incidental to otherwise lawful
activities associated with the La Laguna Los Alamos Project draft
habitat conservation plan. Phillips 66 Company submitted a permit
application which, if issued, would authorize take incidental to
otherwise lawful activities associated with the Phillips 66 Idle
Pipeline 352x4 Abandonment Project draft habitat conservation plan. We
invite public comment on these documents.
DATES: Written comments should be received on or before April 24, 2019.
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 (below) 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.
Electronic mail: Send your comments to
rachel_henry@fws.gov.
FOR FURTHER INFORMATION CONTACT: Rachel Henry, Fish and Wildlife
Biologist, 805-677-3312 (by phone), or at the Ventura Fish and Wildlife
office (by mail; see ADDRESSES).
SUPPLEMENTARY INFORMATION: We have received two applications for
incidental take permits under the Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.). The applicants of the incidental
take permits have developed draft habitat conservation plans (HCPs) for
the respective projects that include measures to mitigate and avoid/
minimize impacts to the federally endangered Santa Barbara County
distinct population segment (DPS) of California tiger salamander
(Ambystoma californiense). The permits would authorize take of the
Santa Barbara County DPS of the federally endangered California tiger
salamander incidental to otherwise lawful activities.
These permits would authorize incidental take associated with the
two respective projects: The draft La Laguna HCP and the draft Phillips
66 Idle Pipeline 352x4 Abandonment Project HCP. We invite public
comment on the draft HCPs, draft low-effect screening forms, and
environmental action statements.
Background
The Service listed the Santa Barbara County DPS of the California
tiger salamander as endangered on September 21, 2000 (65 FR 57242).
Section 9 of the ESA (16 U.S.C. 1538) 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 (16 U.S.C. 1539(a)(1)(B)), we may issue permits to authorize
incidental take of listed species. Incidental take is take that is
incidental to, and not the purpose of, carrying out of an otherwise
lawful activity. Regulations governing incidental take permits for
endangered wildlife are in the Code of Federal Regulations (CFR) at 50
CFR 17.22. Issuance of an incidental take permit also must not
jeopardize the existence of federally listed fish, wildlife, or plant
species. The permittees would receive assurances under our ``No
Surprises'' regulations (50 CFR 17.22(b)(5)) regarding conservation
activities for the California tiger salamander.
Proposed Project Activities
La Laguna Los Alamos, LLC, has applied for a permit for incidental
take of the California tiger salamander. The take would occur in
association with installation and operation of a vineyard, cultivation
of berries, other agricultural development that involves land-clearing
and/or ripping, plowing and other soil cultivation techniques, and/or
construction of a residential development that includes one single-
family residence. The project site includes approximately 29 acres of
suitable upland habitat for the California tiger salamander. The
Service has designated these 29 acres as critical habitat for the Santa
Barbara County DPS of the California tiger salamander. The HCP includes
avoidance and minimization measures for the covered species and
mitigation for unavoidable loss of suitable upland habitat through
establishment of a conservation easement. Mitigation for unavoidable
take of the species consists of the permanent protection of 34 acres of
designated critical habitat for the Santa Barbara County DPS of the
California tiger salamander.
Phillips 66 Company has applied for a permit for incidental take of
the California tiger salamander. The take would occur in association
with activities necessary for the removal and abandonment of an idled
pipeline. The site includes approximately 1.22 acres of suitable upland
habitat for the California tiger salamander. Of these 1.22 acres, the
Service has designated 0.15 acre as critical habitat for the Santa
Barbara County DPS of the California tiger salamander. The HCP includes
avoidance and minimization measures for the covered species and
mitigation
[[Page 11122]]
for unavoidable loss of suitable upland habitat by the funding of an
appropriate mitigation project through a Service-approved third party
mitigation and conservation account.
Preliminary Determinations
The Service has made preliminary determinations that issuance of
these incidental take permits 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 (NEPA; 42 U.S.C. 4321 et seq.), nor will they individually or
cumulatively have more than a negligible effect on the species covered
in the HCPs. The Service considers the impacts of the La Laguna Los
Alamos Project on the California tiger salamander to be minor, as the
project includes the permanent protection of 34 acres of suitable,
high-quality habitat in a conservation easement. The Service considers
the impacts of the Phillips 66 Idle Pipeline 352x4 Abandonment Project
on the California tiger salamander to be minor, as the affected area is
small (approximately 1.22 acres) and of low habitat quality. Therefore,
based on this preliminary determination, both permits qualify for a
categorical exclusion under NEPA.
Public Comments
If you wish to comment on the permit applications, draft HCPs, or
associated documents, you may submit comments by one of the methods in
ADDRESSES.
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).
Stephen Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2019-05613 Filed 3-22-19; 8:45 am]
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