82_FR_32854 82 FR 32719 - Receipt of Application for Incidental Take Permit; Low-Effect Habitat Conservation Plan for the Laguna County Sanitation District, Santa Barbara County, California

82 FR 32719 - Receipt of Application for Incidental Take Permit; Low-Effect Habitat Conservation Plan for the Laguna County Sanitation District, Santa Barbara County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 135 (July 17, 2017)

Page Range32719-32720
FR Document2017-14926

We, the U.S. Fish and Wildlife Service (Service), have received an application from Laguna County Sanitation District, 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 federally threatened California red-legged frog incidental to otherwise lawful activities associated with the Laguna County Sanitation District Project Habitat Conservation Plan. We invite public comment.

Federal Register, Volume 82 Issue 135 (Monday, July 17, 2017)
[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Notices]
[Pages 32719-32720]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14926]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2017-N087; FXES11130800000-178-FF08EVEN00]


Receipt of Application for Incidental Take Permit; Low-Effect 
Habitat Conservation Plan for the Laguna County Sanitation District, 
Santa Barbara County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of receipt of permit application; request for comments.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Laguna County Sanitation District, 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 federally threatened California red-legged frog incidental to 
otherwise lawful activities associated with the Laguna County 
Sanitation District Project Habitat Conservation Plan. We invite public 
comment.

DATES: Written comments should be received on or before August 16, 
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 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).
    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,

[[Page 32720]]

Ventura Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493 
Portola Road, Suite B, Ventura, CA 93003.
     Facsimile (fax): Fax your comments to (805) 644-3958.

FOR FURTHER INFORMATION CONTACT: Rachel Henry, Fish and Wildlife 
Biologist, at the above address or by calling (805) 677-3312.

SUPPLEMENTARY INFORMATION: We have received an application from Laguna 
County Sanitation District (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) and the federally threatened California red-legged frog 
(Rana draytonii) incidental to otherwise lawful activities associated 
with the Laguna County Sanitation District 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 September 
21, 2000 (65 FR 57242). The California red-legged frog was listed by 
the Service as threatened on May 23, 1996 (61 FR 25813). Section 9 of 
the Act 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 applicant has 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 farm labor camp 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 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: July 11, 2017.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2017-14926 Filed 7-14-17; 8:45 am]
 BILLING CODE 4333-15-P



                                                                                    Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices                                                   32719

                                                    unclassified and classified networks                     request must conform with the Privacy                  necessary and appropriate to protect
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                                                    schedule.                                                5. You must first verify your identity,                exempted section (c)(3) of the Privacy
                                                                                                             meaning that you must provide your full                Act of 1974, as amended, pursuant to 5
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                                                    SAFEGUARDS:
                                                                                                             place of birth. You must sign your                     appropriate to protect this information.
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                                                    accordance with applicable laws, rules,                                                                         HISTORY:
                                                                                                             be notarized or submitted under 28
                                                    and policies. All records are protected                  U.S.C. 1746, a law that permits                          73 FR 75442; 76 FR 69749; 79 FR
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                                                    to-know, using locks, and password-                      http://www.dhs.gov/foia or 1–866–431–                  BILLING CODE 9110–04–P
                                                    protection identification features. USCG                 0486. In addition, you should:
                                                    file areas are locked after normal duty                     • Explain why you believe the
                                                    hours and the facilities are protected                   Department would have information on
                                                    from the outside by security personnel.                                                                         DEPARTMENT OF THE INTERIOR
                                                                                                             you;
                                                    In addition, the system manager has the                     • Identify which component(s) of the                Fish and Wildlife Service
                                                    capability to maintain system back-ups                   Department you believe may have the
                                                    for the purpose of supporting continuity                                                                        [FWS–R8–ES–2017–N087;
                                                                                                             information about you;                                 FXES11130800000–178–FF08EVEN00]
                                                    of operations and the discrete need to                      • Specify when you believe the
                                                    isolate and copy specific data access                    records would have been created; and                   Receipt of Application for Incidental
                                                    transactions for the purpose of                             • Provide any other information that                Take Permit; Low-Effect Habitat
                                                    conducting security incident                             will help the FOIA staff determine                     Conservation Plan for the Laguna
                                                    investigations. All communication links                  which DHS component agency may                         County Sanitation District, Santa
                                                    with the USCG datacenter are                             have responsive records;                               Barbara County, California
                                                    encrypted. The databases are Certified
                                                                                                                If your request is seeking records
                                                    and Accredited in accordance with the                                                                           AGENCY:   Fish and Wildlife Service,
                                                                                                             pertaining to another living individual,
                                                    requirements of the Federal Information                                                                         Interior.
                                                                                                             you must include a statement from that
                                                    Security Management Act (FISMA).                                                                                ACTION: Notice of receipt of permit
                                                                                                             individual certifying his/her agreement
                                                                                                             for you to access his/her records.                     application; request for comments.
                                                    RECORD ACCESS PROCEDURES:
                                                       The Secretary of Homeland Security                       Without the above information, the                  SUMMARY:   We, the U.S. Fish and
                                                    has exempted this system from the                        component(s) may not be able to                        Wildlife Service (Service), have received
                                                    notification, access, and amendment                      conduct an effective search, and your                  an application from Laguna County
                                                    procedures of the Privacy Act, and those                 request may be denied due to lack of                   Sanitation District, for an incidental
                                                    of the Judicial Redress Act if applicable,               specificity or lack of compliance with                 take permit under the Endangered
                                                    because it is a law enforcement system.                  applicable regulations.                                Species Act of 1973, as amended. The
                                                    However, DHS/USCG will consider                          CONTESTING RECORD PROCEDURES:
                                                                                                                                                                    permit would authorize take of the
                                                    individual requests to determine                                                                                federally endangered California tiger
                                                                                                               For records covered by the Privacy                   salamander (Santa Barbara distinct
                                                    whether or not information may be
                                                                                                             Act or covered Judicial Redress Act                    population segment) and the federally
                                                    released. Thus, individuals seeking
                                                                                                             records, see ‘‘access procedures’’ above.              threatened California red-legged frog
                                                    access to and notification of any record
                                                    contained in this system of records, or                  NOTIFICATION PROCEDURES:                               incidental to otherwise lawful activities
                                                    seeking to contest its content, may                           See ‘‘Record Access procedure.’’                  associated with the Laguna County
                                                    submit a request in writing to the Chief                                                                        Sanitation District Project Habitat
                                                    Privacy Officer and Headquarters or                      EXEMPTIONS PROMULGATED FOR THE SYSTEM:                 Conservation Plan. We invite public
                                                    USCG’s FOIA Officer, whose contact                         No exemption shall be asserted with                  comment.
                                                    information can be found at http://                      respect to information maintained in the               DATES: Written comments should be
                                                    www.dhs.gov/foia under ‘‘Contacts                        system that is collected from a person if              received on or before August 16, 2017.
                                                    Information.’’ If an individual believes                 that person, or his or her agent, seeks                ADDRESSES:
                                                    more than one component maintains                        access to or amendment of such                           To obtain documents: You may
                                                    Privacy Act records concerning him or                    information.                                           download a copy of the draft habitat
                                                    her, the individual may submit the                         The Privacy Act, however, requires                   conservation plan and draft low-effect
                                                    request to the Chief Privacy Officer and                 DHS to maintain an accounting of the                   screening form and environmental
                                                    Chief Freedom of Information Act                         disclosures made pursuant to all                       action statement on the Internet at
                                                    Officer, Department of Homeland                          routines uses. Disclosing the fact that a              http://www.fws.gov/ventura/, or you
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Security, Washington, DC 20528–0655.                     law enforcement or intelligence agency                 may request copies of the documents by
                                                    Even if neither the Privacy Act nor the                  has sought particular records may affect               U.S. mail to our Ventura office, or by
                                                    Judicial Redress Act provide a right of                  ongoing law enforcement activities. The                phone (see FOR FURTHER INFORMATION
                                                    access, certain records about you may be                 Secretary of Homeland Security,                        CONTACT).
                                                    available under the Freedom of                           pursuant to 5 U.S.C. 552a(j)(2),                         To submit written comments: Please
                                                    Information Act.                                         exempted this system from the                          send us your written comments using
                                                       When seeking records about yourself                   following provisions of the Privacy Act:               one of the following methods:
                                                    from this system of records or any other                 Sections (c)(3), (e)(8), and (g) of the                  • U.S. mail: Send your comments to:
                                                    Departmental system of records, your                     Privacy Act of 1974, as amended, as is                 Stephen P. Henry, Field Supervisor,


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                                                    32720                           Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices

                                                    Ventura Fish and Wildlife Office, U.S.                   listed fish, wildlife, or plant species. All          DEPARTMENT OF THE INTERIOR
                                                    Fish and Wildlife Service, 2493 Portola                  species included in the incidental take
                                                    Road, Suite B, Ventura, CA 93003.                        permit would receive assurances under                 Bureau of Indian Affairs
                                                      • Facsimile (fax): Fax your comments                   our ‘‘No Surprises’’ regulations (50 CFR
                                                    to (805) 644–3958.                                       17.22(b)(5) and 17.32(b)(5)).                         [178A2100DD/AAKC001030/
                                                    FOR FURTHER INFORMATION CONTACT:                            The applicant has applied for a permit             A0A501010.999900 253G]
                                                    Rachel Henry, Fish and Wildlife                          for incidental take of the California tiger
                                                    Biologist, at the above address or by                                                                          Indian Gaming; Approval of an
                                                                                                             salamander and California red-legged
                                                    calling (805) 677–3312.                                                                                        Amendment to a Tribal-State Class III
                                                                                                             frog. The potential taking would occur
                                                    SUPPLEMENTARY INFORMATION: We have                                                                             Gaming Compact in the State of
                                                                                                             as a result of activities associated with
                                                    received an application from Laguna                                                                            Arizona
                                                                                                             the construction of the farm labor camp
                                                    County Sanitation District (applicant),                  in suitable habitat for the covered
                                                    for an incidental take permit under the                                                                        AGENCY:     Bureau of Indian Affairs,
                                                                                                             species.                                              Interior.
                                                    Endangered Species Act of 1973, as
                                                    amended (16 U.S.C. 1531 et seq.; Act).                   Our Preliminary Determination                         ACTION:   Notice.
                                                    The applicant has agreed to follow all of
                                                    the conditions in the habitat                              The Service has made a preliminary
                                                                                                             determination that issuance of the                    SUMMARY:  The Tohono O’odham Nation
                                                    conservation plan for the project. The
                                                                                                             permit is neither a major Federal action              of Arizona and State of Arizona
                                                    permit would authorize take of the
                                                    Santa Barbara distinct population                        that will significantly affect the quality            negotiated an Agreement to Amend
                                                    segment of the federally endangered                      of the human environment within the                   Compact between the Tohono O’odham
                                                    California tiger salamander (Ambystoma                   meaning of section 102(2)(C) of the                   Nation and the State of Arizona
                                                    californiense) and the federally                         National Environmental Policy Act (42                 governing Class III gaming; this notice
                                                    threatened California red-legged frog                    U.S.C. 4321 et seq.; NEPA), nor will it               announces approval of the Agreement to
                                                    (Rana draytonii) incidental to otherwise                 individually or cumulatively have more                Amend Compact.
                                                    lawful activities associated with the                    than a negligible effect on the species               DATES:   This notice takes effect July 17,
                                                    Laguna County Sanitation District                        covered in the HCP. Therefore, the                    2017.
                                                    Project Habitat Conservation Plan                        permit qualifies for a categorical
                                                    (HCP). We invite public comment on the                   exclusion under NEPA.                                 FOR FURTHER INFORMATION CONTACT:      Ms.
                                                    application, the draft habitat                                                                                 Paula L. Hart, Director, Office of Indian
                                                    conservation plan, draft low-effect                      Public Comments                                       Gaming, Office of the Assistant
                                                    screening form, and environmental                                                                              Secretary—Indian Affairs, Washington,
                                                                                                               If you wish to comment on the permit
                                                    action statement.                                                                                              DC 20240, (202) 219–4066.
                                                                                                             application, plan, and associated
                                                    Background                                               documents, you may submit comments                    SUPPLEMENTARY INFORMATION:      Section 11
                                                       The Santa Barbara distinct population                 by one of the methods in ADDRESSES.                   of the Indian Gaming Regulatory Act
                                                    segment of the California tiger                                                                                (IGRA) requires the Secretary of the
                                                                                                             Public Availability of Comments                       Interior to publish in the Federal
                                                    salamander was listed by the Service as
                                                    endangered on September 21, 2000 (65                       Before including your address, phone                Register notice of approved Tribal-State
                                                    FR 57242). The California red-legged                     number, email address, or other                       compacts that are for the purpose of
                                                    frog was listed by the Service as                        personal identifying information in your              engaging in Class III gaming activities
                                                    threatened on May 23, 1996 (61 FR                        comment, you should be aware that                     on Indian lands. See Public Law 100–
                                                    25813). Section 9 of the Act and its                     your entire comment, including your                   497, 25 U.S.C. 2701 et seq. All Tribal-
                                                    implementing regulations prohibit the                    personal identifying information, may                 State Class III compacts, including
                                                    ‘‘take’’ of fish or wildlife species listed              be made publicly available at any time.               amendments, are subject to review and
                                                    as endangered or threatened. ‘‘Take’’ is                 While you can ask us in your comment                  approval by the Secretary under 25 CFR
                                                    defined under the Act to include the                     to withhold your personal identifying                 293.4. The Agreement to Amend
                                                    following activities: ‘‘[T]o harass, harm,               information from public view, we                      Compact prohibits gaming in the
                                                    pursue, hunt, shoot, wound, kill, trap,                                                                        Geographical Area with the exception of
                                                                                                             cannot guarantee that we will be able to
                                                    capture, or collect, or to attempt to                                                                          one gaming facility on the West Valley
                                                                                                             do so.
                                                    engage in any such conduct’’ (16 U.S.C.                                                                        Trust Land, increases the number of
                                                    1532); however, under section                            Authority                                             Keno games to four within each of the
                                                    10(a)(1)(B) of the Act, we may issue                                                                           Tribe’s facilities, and allows for the
                                                    permits to authorize incidental take of                    We provide this notice under section
                                                                                                             10 of the Act (16 U.S.C. 1531 et seq.)                operation of an additional five poker
                                                    listed species. ‘‘Incidental take’’ is
                                                                                                             and NEPA regulations (40 CFR 1506.6).                 tables within each gaming facility. The
                                                    defined by the Act as take that is
                                                                                                                                                                   Agreement to Amend Compact is
                                                    incidental to, and not the purpose of,                     Dated: July 11, 2017.                               approved. See 25 U.S.C. 2710(d)(8)(A).
                                                    carrying out of an otherwise lawful                      Stephen P. Henry,
                                                    activity. Regulations governing                                                                                 Dated: July 7, 2017.
                                                                                                             Field Supervisor, Ventura Fish and Wildlife
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    incidental take permits for threatened                                                                         Michael S. Black,
                                                                                                             Office, Ventura, California.
                                                    and endangered species are in the Code                                                                         Acting Assistant Secretary—Indian Affairs.
                                                    of Federal Regulations at 50 CFR 17.32                   [FR Doc. 2017–14926 Filed 7–14–17; 8:45 am]
                                                                                                                                                                   [FR Doc. 2017–14881 Filed 7–14–17; 8:45 am]
                                                    and 17.22, respectively. Under the Act,                  BILLING CODE 4333–15–P
                                                                                                                                                                   BILLING CODE 4337–15–P
                                                    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


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Document Created: 2017-07-15 03:46:12
Document Modified: 2017-07-15 03:46:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of receipt of permit application; request for comments.
DatesWritten comments should be received on or before August 16, 2017.
ContactRachel Henry, Fish and Wildlife
FR Citation82 FR 32719 

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