[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Notices]
[Pages 20881-20882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07579]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2021-N175; FXES11140800000-212-FF08EVEN00]
Endangered and Threatened Wildlife and Plants; Draft Habitat
Conservation Plan and Draft Categorical Exclusion for the California
Red-Legged Frog and the Southwestern Pond Turtle; Tajiguas Landfill and
ReSource Center 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, 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
California red-legged frog and southwestern pond turtle incidental to
activities associated with the operations, maintenance, and closure of
the Tajiguas Landfill and ReSource Center in Santa Barbara County,
California. 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 May 9, 2022.
ADDRESSES:
Obtaining Documents: You may download a copy of the draft HCP and
draft CatEx at https://regulations.gov/, or you may request copies of
the documents by U.S. mail (below) or by phone (see FOR FURTHER
INFORMATION CONTACT).
Submitting Written Comments: Please send us your written comments
using one of the following methods:
U.S. mail: Stephen P. Henry, Field Supervisor, Ventura
Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola
Road, Suite B, Ventura, CA 93003.
Email: kirby_bartlett@fws.gov.
FOR FURTHER INFORMATION CONTACT: Kirby Bartlett, Fish and Wildlife
Biologist, by email (see ADDRESSES), via phone at (805) 677-3307, via
the Federal Relay Service at 1-800-877-8339 for TTY assistance, or by
mail (see ADDRESSES).
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 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 ITP would authorize take of the California red-legged frog
(Rana draytonii) and Southwestern pond turtle incidental to activities
associated with continued operation of the Tajiguas Landfill including
regular operations, maintenance and repair activities; operation and
maintenance of the ReSource Center; construction of ancillary
components of the ReSource Center; and closure and post closure
maintenance of the Tajiguas Landfill. 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
[[Page 20882]]
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 all of these
documents.
Background
The Service listed the California red-legged frog as threatened on
May 23, 1996 (61 FR 25813). The Service is currently evaluating
southwestern pond turtle for listing following the filing of a petition
to list this species (80 Federal Register [FR] 19259, April 10, 2015),
and southwestern pond turtle is a California state species of special
concern. Section 9 of the ESA prohibits take of fish and wildlife
species listed as endangered (16 U.S.C. 1538). Under the ESA, ``take''
is defined to include the following activities: ``to 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). Under section
10(a)(1)(B) of the ESA (16 U.S.C. 1539(a)(1)(B)), 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 incidental take permits for endangered
species are in the Code of Federal Regulations (CFR) at 50 CFR 17.22.
Issuance of an ITP also must not jeopardize the existence of federally
listed fish, wildlife, or plant species, pursuant to section 7 of the
ESA and 50 CFR 402.02. The permittee would receive assurances under our
``No Surprises'' regulations (50 CFR 17.22(b)(5)).
Proposed Activities
The applicant has applied for a permit for incidental take of
California red-legged frog and southwestern pond turtle. The take would
occur in association with the operations, maintenance, and closure of
the Tajiguas Landfill and ReSource Center in Santa Barbara County,
California.
The HCP includes avoidance and minimization measures for the
California red-legged frog and southwestern pond turtle and mitigation
for unavoidable loss of habitat. As mitigation, the applicant proposes
to protect 110-s of otherwise developable land adjacent to the Tajiguas
Landfill with a conservation easement. The proposed conservation
easement area is comprised of aquatic, adjacent upland, and dispersal
habitat within California red-legged frog Critical Habitat Unit STB-6;
including 3,500 linear feet of occupied California red-legged frog and
southwestern pond turtle breeding habitat within Arroyo Quemado
drainage.
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(c) of the ESA (16 U.S.C.
1531 et seq.) and its implementing regulations (50 CFR 17.22) and NEPA
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR
1506.6).
Stephen Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2022-07579 Filed 4-7-22; 8:45 am]
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