[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Notices]
[Pages 19077-19078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08313]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2017-N036; FXES11130800000-178-FF08EVEN00]


Receipt of Application for Incidental Take Permit; Low-Effect 
Habitat Conservation Plan for the Phillips 66 Cal Coast Pipeline 
Replacement Project, Santa Barbara County, California

AGENCY: Fish and Wildlife Service, Interior.

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

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SUMMARY: We, the U.S. Fish and Wildlife 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) and the 
threatened California red-legged frog, incidental to otherwise lawful 
activities associated with the Cal Coast Pipeline Replacement Project 
Habitat Conservation Plan. We invite public comment.

DATES: Written comments should be received on or before May 25, 2017.

ADDRESSES: 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). Please address written 
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. You may alternatively send comments by 
facsimile to (805) 644-3958.

FOR FURTHER INFORMATION CONTACT: Rachel Henry, Fish and Wildlife 
Biologist, at the above address or by calling (805) 644-1766.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service),

[[Page 19078]]

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.; 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), as well as the 
threatened California red-legged frog (Rana draytonii), incidental to 
otherwise lawful activities associated with the Cal Coast Pipeline 
Replacement 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 January 19, 
2000 (65 FR 3096). The California red-legged frog was listed by the 
Service as threatened on May 23, 1996 (61 FR 25813). Section 9 of the 
Act (16 U.S.C. 1531 et seq.) 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 applicants have 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 new Cal Coast Pipeline 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 any 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: April 18, 2017.
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2017-08313 Filed 4-24-17; 8:45 am]
 BILLING CODE 4310-55-P