[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Notices]
[Pages 19077-19078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08313]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2017-N036; FXES11130800000-178-FF08EVEN00]
Receipt of Application for Incidental Take Permit; Low-Effect
Habitat Conservation Plan for the Phillips 66 Cal Coast Pipeline
Replacement Project, Santa Barbara County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of receipt of permit application; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service, have received an
application from Phillips 66 Pipeline 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) and the
threatened California red-legged frog, incidental to otherwise lawful
activities associated with the Cal Coast Pipeline Replacement Project
Habitat Conservation Plan. We invite public comment.
DATES: Written comments should be received on or before May 25, 2017.
ADDRESSES: You may download a copy of the draft habitat conservation
plan and draft low-effect screening form and environmental action
statement on the internet at http://www.fws.gov/ventura/, or you may
request copies of the documents by U.S. mail to our Ventura office, or
by phone (see FOR FURTHER INFORMATION CONTACT). Please address written
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. You may alternatively send comments by
facsimile to (805) 644-3958.
FOR FURTHER INFORMATION CONTACT: Rachel Henry, Fish and Wildlife
Biologist, at the above address or by calling (805) 644-1766.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service),
[[Page 19078]]
have received an application from Phillips 66 Pipeline, LLC
(applicant), for an incidental take permit under the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.; Act). The applicant
has agreed to follow all of the conditions in the 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), as well as the
threatened California red-legged frog (Rana draytonii), incidental to
otherwise lawful activities associated with the Cal Coast Pipeline
Replacement Project Habitat Conservation Plan (HCP). We invite public
comment on the application, the draft habitat conservation plan, draft
low-effect screening form, and environmental action statement.
Background
The Santa Barbara distinct population segment of the California
tiger salamander was listed by the Service as endangered on January 19,
2000 (65 FR 3096). The California red-legged frog was listed by the
Service as threatened on May 23, 1996 (61 FR 25813). Section 9 of the
Act (16 U.S.C. 1531 et seq.) and its implementing regulations prohibit
the ``take'' of fish or wildlife species listed as endangered or
threatened. ``Take'' is defined under the Act 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
Act, we may issue permits to authorize incidental take of listed
species. ``Incidental take'' is defined by the Act 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 at 50 CFR 17.32 and 17.22, respectively. Under the Act,
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. All species included in the incidental take
permit would receive assurances under our ``No Surprises'' regulations
(50 CFR 17.22(b)(5) and 17.32(b)(5)).
The applicants have applied for a permit for incidental take of the
California tiger salamander and California red-legged frog. The
potential taking would occur as a result of activities associated with
the construction of the new Cal Coast Pipeline in suitable habitat for
the covered species.
Our Preliminary Determination
The Service has made a preliminary determination that issuance of
the 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. Therefore,
the permit qualifies for a categorical exclusion under NEPA.
Public Comments
If you wish to comment on the permit application, plan, and
associated documents, you may submit comments by any 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 Act (16 U.S.C. 1531
et seq.) and NEPA regulations (40 CFR 1506.6).
Dated: April 18, 2017.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2017-08313 Filed 4-24-17; 8:45 am]
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