82 FR 47572 - Receipt of Application for Incidental Take Permit; Draft Low-Effect Habitat Conservation Plan for the California Tiger Salamander; Rice Ranch Development Project, Santa Barbara County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 196 (October 12, 2017)

Page Range		47572-47573
FR Document		2017-22091

We, the U.S. Fish and Wildlife Service (Service), have received an application from John Scardino of Highlands at Double R, 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), incidental to otherwise lawful activities associated with the Rice Ranch Development Project draft low-effect habitat conservation plan. We invite public comment.

Federal Register, Volume 82 Issue 196 (Thursday, October 12, 2017)

[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Notices]
[Pages 47572-47573]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22091]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2017-N134; FXES11130800000-178-FF08EVEN00]


Receipt of Application for Incidental Take Permit; Draft Low-
Effect Habitat Conservation Plan for the California Tiger Salamander; 
Rice Ranch Development 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 John Scardino of Highlands at Double R, 
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), incidental to otherwise lawful activities 
associated with the Rice Ranch Development 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 John 
Scardino of Highlands at Double R, 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) incidental to otherwise lawful 
activities associated with the draft Rice Ranch Development 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). 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. The permittee would 
receive assurances under our ``No Surprises'' regulations (50 CFR 
17.22(b)(5) and 17.32(b)(5)) regarding conservation activities for the 
California tiger salamander.

Applicant's Proposed Activities

    The applicant has applied for a permit for incidental take of the 
California tiger salamander. The potential take will

[[Page 47573]]

occur in association with activities necessary for the construction of 
the residential development. The site includes approximately 180 acres 
of suitable upland habitat for the California tiger salamander. The HCP 
includes avoidance and minimization measures for the covered species 
and mitigation for unavoidable loss of occupied upland habitat through 
the purchase of mitigation credits at a Service-approved conservation 
bank.

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. The Service considers the impacts of the project on the 
California tiger salamander to be minor as the affected habitat is 
moderate to low quality and does not provide connectivity between 
breeding ponds. 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: October 5, 2017.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2017-22091 Filed 10-11-17; 8:45 am]
 BILLING CODE 4333-15-P

47572 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Notices

ESA, protections for federally listed Authority FOR FURTHER INFORMATION CONTACT:
plants differ from the protections We provide this notice under section Rachel Henry, Fish and Wildlife
afforded to federally listed animals. 10 of the ESA (16 U.S.C. 1531 et seq.) Biologist, 805–677–3312 (phone), or at
Issuance of an incidental take permit and NEPA regulations (40 CFR 1506.6). the Ventura address in ADDRESSES.
also must not jeopardize the existence of SUPPLEMENTARY INFORMATION: We have
federally listed fish, wildlife, or plant Dated: October 4, 2017. received an application from John
species. All species included in the Stephen P. Henry, Scardino of Highlands at Double R, LLC
incidental take permit would receive Field Supervisor, Ventura Fish and Wildlife (applicant) for an incidental take permit
assurances under our ‘‘No Surprises’’ Office, Ventura, California. under the Endangered Species Act of
regulations (50 CFR 17.22(b)(5) and [FR Doc. 2017–22092 Filed 10–11–17; 8:45 am] 1973, as amended (16 U.S.C. 1531 et
17.32(b)(5)). BILLING CODE 4333–15–P seq.; ESA). The applicant has agreed to
follow all of the conditions in the draft
Applicant’s Proposed Activities habitat conservation plan for the project.
DEPARTMENT OF THE INTERIOR The permit would authorize take of the
The applicant has applied for a permit
for incidental take of the California tiger Santa Barbara distinct population
Fish and Wildlife Service segment of the federally endangered
salamander. The potential take will
occur in association with activities [FWS–R8–ES–2017–N134; California tiger salamander (Ambystoma
necessary for the implementation of the FXES11130800000–178–FF08EVEN00] californiense) incidental to otherwise
installation of a 3 acre solar array lawful activities associated with the
project. The site includes suitable Receipt of Application for Incidental draft Rice Ranch Development Habitat
upland habitat for the California tiger Take Permit; Draft Low-Effect Habitat Conservation Plan (HCP). We invite
salamander. The HCP includes Conservation Plan for the California public comment on the application, the
avoidance and minimization measures Tiger Salamander; Rice Ranch draft HCP, draft low-effect screening
for the covered species. As mitigation Development Project, Santa Barbara form, and environmental action
for unavoidable loss of occupied upland County, California statement.
habitat the applicant is supporting AGENCY: Fish and Wildlife Service, Background
recovery goals for the California tiger Interior. The Santa Barbara distinct population
salamander by facilitating and funding segment (DPS) of the California tiger
ACTION: Notice of availability; request
survey work to detect the presence of salamander was listed by the Service as
invasive barred tiger salamanders in the for comments.
endangered on September 21, 2000 (65
area. SUMMARY: We, the U.S. Fish and FR 57242). Section 9 of the ESA and its
Our Preliminary Determination Wildlife Service (Service), have received implementing regulations prohibit the
an application from John Scardino of ‘‘take’’ of fish or wildlife species listed
The Service has made a preliminary Highlands at Double R, LLC for an as endangered or threatened. ‘‘Take’’ is
determination that issuance of the incidental take permit under the defined under the ESA to include the
incidental take permit is neither a major Endangered Species Act of 1973, as following activities: ‘‘[T]o harass, harm,
Federal action that will significantly amended. The permit would authorize pursue, hunt, shoot, wound, kill, trap,
affect the quality of the human take of the federally endangered capture, or collect, or to attempt to
environment within the meaning of California tiger salamander (Santa engage in any such conduct’’ (16 U.S.C.
section 102(2)(C) of the National Barbara distinct population segment), 1532); however, under section
Environmental Policy Act (42 U.S.C. incidental to otherwise lawful activities 10(a)(1)(B) of the ESA, we may issue
4321 et seq.; NEPA), nor will it associated with the Rice Ranch permits to authorize incidental take of
individually or cumulatively have more Development Project draft low-effect listed species. ‘‘Incidental take’’ is
than a negligible effect on the species habitat conservation plan. We invite defined by the ESA as take that is
covered in the HCP. Therefore, the public comment. incidental to, and not the purpose of,
permit qualifies for a categorical DATES: Written comments should be carrying out of an otherwise lawful
exclusion under NEPA. received on or before November 13, activity. Regulations governing
2017. incidental take permits for threatened
Public Comments and endangered species are in the Code
ADDRESSES: To obtain documents: You of Federal Regulations (CFR) at 50 CFR
If you wish to comment on the permit may download a copy of the draft
application, draft HCP, and associated 17.32 and 17.22, respectively. Under the
habitat conservation plan and draft low- ESA, protections for federally listed
documents, you may submit comments effect screening form and environmental plants differ from the protections
by one of the methods in ADDRESSES. action statement at http://www.fws.gov/ afforded to federally listed animals.
Public Availability of Comments ventura/, or you may request copies of Issuance of an incidental take permit
the documents by sending U.S. mail to also must not jeopardize the existence of
Before including your address, phone our Ventura office, or by phone (see FOR federally listed fish, wildlife, or plant
number, email address, or other FURTHER INFORMATION CONTACT). species. The permittee would receive
personal identifying information in your To submit written comments: Please assurances under our ‘‘No Surprises’’
asabaliauskas on DSKBBXCHB2PROD with NOTICES

comment, you should be aware that send us your written comments using regulations (50 CFR 17.22(b)(5) and
your entire comment, including your one of the following methods: 17.32(b)(5)) regarding conservation
personal identifying information, may • U.S. mail: Send your comments to: activities for the California tiger
be made publicly available at any time. Stephen P. Henry, Field Supervisor, salamander.
While you can ask us in your comment Ventura Fish and Wildlife Office, U.S.
to withhold your personal identifying Fish and Wildlife Service, 2493 Portola Applicant’s Proposed Activities
information from public view, we Road, Suite B, Ventura, CA 93003. The applicant has applied for a permit
cannot guarantee that we will be able to • Facsimile: Fax your comments to for incidental take of the California tiger
do so. 805–644–3958. salamander. The potential take will

VerDate Sep<11>2014 22:35 Oct 11, 2017 Jkt 244001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1

Document Created: 2018-10-25 10:05:40
Document Modified: 2018-10-25 10:05:40

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability; request for comments.
Dates		Written comments should be received on or before November 13, 2017.
Contact		Rachel Henry, Fish and Wildlife
FR Citation		82 FR 47572

82 FR 47572 - Receipt of Application for Incidental Take Permit; Draft Low-Effect Habitat Conservation Plan for the California Tiger Salamander; Rice Ranch Development Project, Santa Barbara County, California

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 82, Issue 196 (October 12, 2017)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service