82 FR 51428 - Receipt of Application for Incidental Take Permit; Draft Low-Effect Habitat Conservation Plan for the California Tiger Salamander; Phillips 66 Line 300 Project, Santa Barbara County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 213 (November 6, 2017)

We, the U.S. Fish and Wildlife Service (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), incidental to otherwise lawful activities associated with the Phillips 66 Line 300 Project draft low-effect habitat conservation plan. We invite public comment.

[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Notices]
[Pages 51428-51429]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24084]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2017-N133; FXES11130800000-178-FF08EVEN00]


Receipt of Application for Incidental Take Permit; Draft Low-
Effect Habitat Conservation Plan for the California Tiger Salamander; 
Phillips 66 Line 300 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 (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), incidental to otherwise lawful activities associated with the 
Phillips 66 Line 300 Project draft low-effect habitat conservation 
plan. We invite public comment.

DATES: Written comments should be received on or before December 6, 
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 
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.; 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 Phillips 66 Line 300 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). 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

[[Page 51429]]

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 occur in 
association with activities necessary for the reconditioning of 
approximately 2,430 linear feet of the existing 300 Line. The site 
includes 2.9 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. 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 31, 2017.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2017-24084 Filed 11-3-17; 8:45 am]
 BILLING CODE 4333-15-P