[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Notices]
[Pages 30513-30514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10716]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2022-0038; FXES11140800000-223-FF08EVEN00]
Habitat Conservation Plan for Three Species in Los Alamos,
California; Categorical Exclusion for the Legacy Homes Development
Project; Santa Barbara County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for public comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of a draft habitat conservation plan (HCP) and draft
categorical exclusion (CatEx) for activities associated with an
application for an incidental take permit (ITP) under the Endangered
Species Act of 1973, as amended. The ITP would authorize take of the
federally threatened California red-legged frog, endangered California
tiger salamander (Santa Barbara County distinct population segment),
and non-listed western spadefoot toad, incidental to activities
associated with the Legacy Homes Tract No. 14608 Development Project.
The applicant developed the draft HCP as part of their application for
an ITP. The Service prepared a draft low-effect screening form and
environmental action statement in accordance with the National
Environmental Policy Act to evaluate the potential effects to the
natural and human environment resulting from issuing an ITP to the
applicant. We invite public comment on these documents.
DATES: Written comments should be received on or before June 21, 2022.
ADDRESSES: To obtain documents: You may obtain copies of the documents
online in Docket No. FWS-R8-ES-2022-0038 at https://www.regulations.gov, or you may request copies of the documents by U.S.
mail (below) or by email (see FOR FURTHER INFORMATION CONTACT).
To submit comments: If you wish to submit comments on any of the
documents, you may do so in writing by any of the following methods:
Online: https://www.regulations.gov. Follow the
instructions for submitting comments on Docket No. FWS-R8-ES-2022-0038.
U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R8-ES-2022-0038; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Amy Hughes, Fish and Wildlife
Biologist, amy_hughes@fws.gov (by email), or at the Ventura Fish and
Wildlife office (by telephone at 805-644-1766, or by mail; see
ADDRESSES). 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, the U.S. Fish and Wildlife Service
(Service), announce the availability of a draft habitat conservation
plan (HCP) and draft low-effect screening form and environmental action
statement for activities associated with an application
[[Page 30514]]
for an incidental take permit (ITP) under section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.). The applicant has developed a draft habitat conservation plan
(HCP) that includes measures to minimize, avoid, and mitigate impacts
to the federally threatened California red-legged frog (Rana
draytonii), the federally endangered California tiger salamander
(Ambystoma californiense), and the non-listed western spadefoot toad
(Spea hammondii). The permit would authorize take of any of the three
species incidental to otherwise lawful activities associated with the
draft HCP for the Legacy Homes Tract No. 14608 Development Project. The
Service prepared a draft low-effect screening form and environmental
action statement in accordance with the National Environmental Policy
Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.) to evaluate the potential
effects to the natural and human environment resulting from issuing an
ITP to the applicant. We invite public comment on these documents.
Background
The Service listed the California red-legged frog as threatened on
May 23, 1996 (61 FR 25813), and the California tiger salamander as
endangered on September 21, 2000 (65 FR 57242). The western spadefoot
toad is currently under the Service's review for listing pursuant to
the ESA (80 FR 37568). Section 9 of the ESA (16 U.S.C. 1538) prohibits
the ``take'' of fish or wildlife species listed as endangered; by
regulation, the Service may extend the take prohibition to fish or
wildlife species listed as 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 wildlife species. Incidental
take is take that is incidental to, and not the purpose of, carrying
out an otherwise lawful activity. Regulations governing incidental take
permits for endangered and threatened wildlife are in the Code of
Federal Regulations (CFR) at 50 CFR 17.22 and 17.32, respectively.
Issuance of an incidental take permit also must not jeopardize the
existence of federally listed fish, wildlife, or plant species.
Proposed Project Activities
Legacy Homes has applied for a permit for incidental take of the
California red-legged frog, California tiger salamander, and western
spadefoot toad. The take would occur in association with activities
including the conversion of agricultural land to a 59-lot residential
development prepared for future home construction, within a 16.67-acre
project area. The project area does not contain suitable aquatic
habitat for any of the three species, but individuals may use the area
as dispersal or upland habitat, as there are aquatic features within
the dispersal distances of all species from the project site. The HCP
includes avoidance and minimization measures for the California red-
legged frog, California tiger salamander, and western spadefoot toad as
well as mitigation for unavoidable loss of suitable habitat through the
purchase of conservation credits at a Service-approved conservation
bank and species account.
Public Comments
If you wish to comment on the draft HCP and categorical exclusion
screening form, 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 P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2022-10716 Filed 5-18-22; 8:45 am]
BILLING CODE 4333-15-P