[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Page 47243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21915]



[[Page 47243]]

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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.

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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