82_FR_47438 82 FR 47243 - Receipt of Application for Incidental Take Permit; Draft Low-Effect Habitat Conservation Plan for the California Tiger Salamander and the California Red-Legged Frog; Curletti Farming Project, Santa Barbara County, California

82 FR 47243 - Receipt of Application for Incidental Take Permit; Draft Low-Effect Habitat Conservation Plan for the California Tiger Salamander and the California Red-Legged Frog; Curletti Farming Project, Santa Barbara County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 195 (October 11, 2017)

Page Range47243-47243
FR Document2017-21915

We, the U.S. Fish and Wildlife Service (Service), have received an application from Betteravia Ranches, 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 federally threatened California red-legged frog, incidental to otherwise lawful activities associated with the Curletti Farming Project draft low-effect habitat conservation plan. We invite public comment.

Federal Register, Volume 82 Issue 195 (Wednesday, October 11, 2017)
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Page 47243]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21915]



[[Page 47243]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2017-N122; FXES11130800000-178-FF08EVEN00]


Receipt of Application for Incidental Take Permit; Draft Low-
Effect Habitat Conservation Plan for the California Tiger Salamander 
and the California Red-Legged Frog; Curletti Farming Project, Santa 
Barbara County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from Betteravia Ranches, 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 
federally threatened California red-legged frog, incidental to 
otherwise lawful activities associated with the Curletti Farming 
Project draft low-effect habitat conservation plan. We invite public 
comment.

DATES: Written comments should be received on or before November 13, 
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 at http://www.fws.gov/ventura/, or you may request 
copies of the documents by sending 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, 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.

FOR FURTHER INFORMATION CONTACT: Rachel Henry, Fish and Wildlife 
Biologist, 805-677-3312 (phone), or at the Ventura address in 
ADDRESSES.

SUPPLEMENTARY INFORMATION: We have received an application from 
Betteravia Ranches, LLC (applicant) for an incidental take permit under 
the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.; 
ESA). The applicant has agreed to follow all of the conditions in the 
draft 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 draft Curletti Farming Project Habitat Conservation Plan 
(HCP). We invite public comment on the application, the draft HCP, 
draft low-effect screening form, and environmental action statement.

Background

    The Santa Barbara distinct population segment (DPS) 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 ESA 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, we may issue permits to authorize incidental take of listed 
species. ``Incidental take'' is defined by the ESA 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 (CFR) at 50 CFR 17.32 and 17.22, respectively. Under the 
ESA, 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)).

Applicant's Proposed Activities

    The applicant has applied for a permit for incidental take of the 
California tiger salamander and California red-legged frog. The 
potential take will occur in association with activities necessary for 
the implementation of the installation, operation and maintenance of 
row crop agriculture. The HCP includes avoidance and minimization 
measures for the covered species and mitigation for unavoidable loss of 
occupied upland habitat through establishment of a conservation 
easement on applicant-owned land.

Our Preliminary Determination

    The Service has made a preliminary determination that issuance of 
the incidental take 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, draft HCP, 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 ESA (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

    Dated: September 27, 2017.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2017-21915 Filed 10-10-17; 8:45 am]
 BILLING CODE 4333-15-P



                                                                              Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices                                                47243

                                                    DEPARTMENT OF THE INTERIOR                              the conditions in the draft habitat                   for unavoidable loss of occupied upland
                                                                                                            conservation plan for the project. The                habitat through establishment of a
                                                    Fish and Wildlife Service                               permit would authorize take of the                    conservation easement on applicant-
                                                    [FWS–R8–ES–2017–N122;                                   Santa Barbara distinct population                     owned land.
                                                    FXES11130800000–178–FF08EVEN00]                         segment of the federally endangered
                                                                                                                                                                  Our Preliminary Determination
                                                                                                            California tiger salamander (Ambystoma
                                                    Receipt of Application for Incidental                   californiense) and the federally                         The Service has made a preliminary
                                                    Take Permit; Draft Low-Effect Habitat                   threatened California red-legged frog                 determination that issuance of the
                                                    Conservation Plan for the California                    (Rana draytonii) incidental to otherwise              incidental take permit is neither a major
                                                    Tiger Salamander and the California                     lawful activities associated with the                 Federal action that will significantly
                                                    Red-Legged Frog; Curletti Farming                       draft Curletti Farming Project Habitat                affect the quality of the human
                                                    Project, Santa Barbara County,                          Conservation Plan (HCP). We invite                    environment within the meaning of
                                                    California                                              public comment on the application, the                section 102(2)(C) of the National
                                                                                                            draft HCP, draft low-effect screening                 Environmental Policy Act (42 U.S.C.
                                                    AGENCY:   Fish and Wildlife Service,                    form, and environmental action                        4321 et seq.; NEPA), nor will it
                                                    Interior.                                               statement.                                            individually or cumulatively have more
                                                    ACTION: Notice of availability; request                                                                       than a negligible effect on the species
                                                    for comments.                                           Background
                                                                                                                                                                  covered in the HCP. Therefore, the
                                                                                                               The Santa Barbara distinct population              permit qualifies for a categorical
                                                    SUMMARY:   We, the U.S. Fish and                        segment (DPS) of the California tiger                 exclusion under NEPA.
                                                    Wildlife Service (Service), have received               salamander was listed by the Service as
                                                    an application from Betteravia Ranches,                 endangered on September 21, 2000 (65                  Public Comments
                                                    LLC for an incidental take permit under                 FR 57242). The California red-legged                    If you wish to comment on the permit
                                                    the Endangered Species Act of 1973, as                  frog was listed by the Service as                     application, draft HCP, and associated
                                                    amended. The permit would authorize                     threatened on May 23, 1996 (61 FR                     documents, you may submit comments
                                                    take of the federally endangered                        25813). Section 9 of the ESA and its                  by one of the methods in ADDRESSES.
                                                    California tiger salamander (Santa                      implementing regulations prohibit the
                                                    Barbara distinct population segment)                    ‘‘take’’ of fish or wildlife species listed           Public Availability of Comments
                                                    and the federally threatened California                 as endangered or threatened. ‘‘Take’’ is                Before including your address, phone
                                                    red-legged frog, incidental to otherwise                defined under the ESA to include the                  number, email address, or other
                                                    lawful activities associated with the                   following activities: ‘‘[T]o harass, harm,            personal identifying information in your
                                                    Curletti Farming Project draft low-effect               pursue, hunt, shoot, wound, kill, trap,               comment, you should be aware that
                                                    habitat conservation plan. We invite                    capture, or collect, or to attempt to                 your entire comment, including your
                                                    public comment.                                         engage in any such conduct’’ (16 U.S.C.               personal identifying information, may
                                                    DATES: Written comments should be                       1532); however, under section                         be made publicly available at any time.
                                                    received on or before November 13,                      10(a)(1)(B) of the ESA, we may issue                  While you can ask us in your comment
                                                    2017.                                                   permits to authorize incidental take of               to withhold your personal identifying
                                                                                                            listed species. ‘‘Incidental take’’ is                information from public view, we
                                                    ADDRESSES:
                                                                                                            defined by the ESA as take that is                    cannot guarantee that we will be able to
                                                      To obtain documents: You may
                                                                                                            incidental to, and not the purpose of,                do so.
                                                    download a copy of the draft habitat
                                                                                                            carrying out of an otherwise lawful
                                                    conservation plan and draft low-effect                                                                        Authority
                                                                                                            activity. Regulations governing
                                                    screening form and environmental
                                                                                                            incidental take permits for threatened                  We provide this notice under section
                                                    action statement at http://www.fws.gov/                 and endangered species are in the Code
                                                    ventura/, or you may request copies of                                                                        10 of the ESA (16 U.S.C. 1531 et seq.)
                                                                                                            of Federal Regulations (CFR) at 50 CFR                and NEPA regulations (40 CFR 1506.6).
                                                    the documents by sending U.S. mail to                   17.32 and 17.22, respectively. Under the
                                                    our Ventura office, or by phone (see FOR                ESA, protections for federally listed
                                                                                                                                                                    Dated: September 27, 2017.
                                                    FURTHER INFORMATION CONTACT).                                                                                 Stephen P. Henry,
                                                                                                            plants differ from the protections
                                                      To submit written comments: Please                                                                          Field Supervisor, Ventura Fish and Wildlife
                                                                                                            afforded to federally listed animals.
                                                    send us your written comments using                                                                           Office, Ventura, California.
                                                                                                            Issuance of an incidental take permit
                                                    one of the following methods:                                                                                 [FR Doc. 2017–21915 Filed 10–10–17; 8:45 am]
                                                                                                            also must not jeopardize the existence of
                                                      • U.S. mail: Send your comments to:
                                                                                                            federally listed fish, wildlife, or plant             BILLING CODE 4333–15–P
                                                    Stephen P. Henry, Field Supervisor,
                                                                                                            species. All species included in the
                                                    Ventura Fish and Wildlife Office, U.S.
                                                                                                            incidental take permit would receive
                                                    Fish and Wildlife Service, 2493 Portola                                                                       DEPARTMENT OF THE INTERIOR
                                                                                                            assurances under our ‘‘No Surprises’’
                                                    Road, Suite B, Ventura, CA 93003.
                                                                                                            regulations (50 CFR 17.22(b)(5) and
                                                      • Facsimile: Fax your comments to                                                                           Fish and Wildlife Service
                                                                                                            17.32(b)(5)).
                                                    805–644–3958.
                                                    FOR FURTHER INFORMATION CONTACT:                        Applicant’s Proposed Activities                       [FWS–R8–ES–2017–N110;
                                                    Rachel Henry, Fish and Wildlife                            The applicant has applied for a permit             FXES11130800000–178–FF08EVEN00]
                                                    Biologist, 805–677–3312 (phone), or at
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            for incidental take of the California tiger           Receipt of Application for Incidental
                                                    the Ventura address in ADDRESSES.                       salamander and California red-legged                  Take Permit; Draft Low-Effect Habitat
                                                    SUPPLEMENTARY INFORMATION: We have                      frog. The potential take will occur in                Conservation Plan for the California
                                                    received an application from Betteravia                 association with activities necessary for             Tiger Salamander; Campbell Home
                                                    Ranches, LLC (applicant) for an                         the implementation of the installation,               Ranch, Santa Barbara County,
                                                    incidental take permit under the                        operation and maintenance of row crop                 California
                                                    Endangered Species Act of 1973, as                      agriculture. The HCP includes
                                                    amended (16 U.S.C. 1531 et seq.; ESA).                  avoidance and minimization measures                   AGENCY:     Fish and Wildlife Service,
                                                    The applicant has agreed to follow all of               for the covered species and mitigation                Interior.


                                               VerDate Sep<11>2014   17:58 Oct 10, 2017   Jkt 244001   PO 00000   Frm 00073   Fmt 4703   Sfmt 4703   E:\FR\FM\11OCN1.SGM   11OCN1



Document Created: 2018-10-25 09:58:43
Document Modified: 2018-10-25 09:58:43
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 availability; request for comments.
DatesWritten comments should be received on or before November 13, 2017.
ContactRachel Henry, Fish and Wildlife
FR Citation82 FR 47243 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR