[Federal Register Volume 84, Number 57 (Monday, March 25, 2019)]
[Notices]
[Pages 11121-11122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05613]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2018-N067; FXES11140800000-189-FF08EVEN00]


Habitat Conservation Plans for the California Tiger Salamander; 
Categorical Exclusion for the La Laguna Los Alamos Project and the 
Phillips 66 Idle Pipeline 352x4 Abandonment 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 two applications for an incidental take permit for the 
federally endangered California tiger salamander (Santa Barbara County 
distinct population segment) under the Endangered Species Act of 1973, 
as amended. La Laguna Los Alamos LLC, submitted a permit application 
which, if issued, would authorize take incidental to otherwise lawful 
activities associated with the La Laguna Los Alamos Project draft 
habitat conservation plan. Phillips 66 Company submitted a permit 
application which, if issued, would authorize take incidental to 
otherwise lawful activities associated with the Phillips 66 Idle 
Pipeline 352x4 Abandonment Project draft habitat conservation plan. We 
invite public comment on these documents.

DATES: Written comments should be received on or before April 24, 2019.

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 (below) 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.
     Electronic mail: Send your comments to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Rachel Henry, Fish and Wildlife 
Biologist, 805-677-3312 (by phone), or at the Ventura Fish and Wildlife 
office (by mail; see ADDRESSES).

SUPPLEMENTARY INFORMATION: We have received two applications for 
incidental take permits under the Endangered Species Act of 1973, as 
amended (ESA; 16 U.S.C. 1531 et seq.). The applicants of the incidental 
take permits have developed draft habitat conservation plans (HCPs) for 
the respective projects that include measures to mitigate and avoid/
minimize impacts to the federally endangered Santa Barbara County 
distinct population segment (DPS) of California tiger salamander 
(Ambystoma californiense). The permits would authorize take of the 
Santa Barbara County DPS of the federally endangered California tiger 
salamander incidental to otherwise lawful activities.
    These permits would authorize incidental take associated with the 
two respective projects: The draft La Laguna HCP and the draft Phillips 
66 Idle Pipeline 352x4 Abandonment Project HCP. We invite public 
comment on the draft HCPs, draft low-effect screening forms, and 
environmental action statements.

Background

    The Service listed the Santa Barbara County DPS of the California 
tiger salamander as endangered on September 21, 2000 (65 FR 57242). 
Section 9 of the ESA (16 U.S.C. 1538) 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 (16 U.S.C. 1539(a)(1)(B)), we may issue permits to authorize 
incidental take of listed species. Incidental take is take that is 
incidental to, and not the purpose of, carrying out of an otherwise 
lawful activity. Regulations governing incidental take permits for 
endangered wildlife are in the Code of Federal Regulations (CFR) at 50 
CFR 17.22. Issuance of an incidental take permit also must not 
jeopardize the existence of federally listed fish, wildlife, or plant 
species. The permittees would receive assurances under our ``No 
Surprises'' regulations (50 CFR 17.22(b)(5)) regarding conservation 
activities for the California tiger salamander.

Proposed Project Activities

    La Laguna Los Alamos, LLC, has applied for a permit for incidental 
take of the California tiger salamander. The take would occur in 
association with installation and operation of a vineyard, cultivation 
of berries, other agricultural development that involves land-clearing 
and/or ripping, plowing and other soil cultivation techniques, and/or 
construction of a residential development that includes one single-
family residence. The project site includes approximately 29 acres of 
suitable upland habitat for the California tiger salamander. The 
Service has designated these 29 acres as critical habitat for the Santa 
Barbara County DPS of the California tiger salamander. The HCP includes 
avoidance and minimization measures for the covered species and 
mitigation for unavoidable loss of suitable upland habitat through 
establishment of a conservation easement. Mitigation for unavoidable 
take of the species consists of the permanent protection of 34 acres of 
designated critical habitat for the Santa Barbara County DPS of the 
California tiger salamander.
    Phillips 66 Company has applied for a permit for incidental take of 
the California tiger salamander. The take would occur in association 
with activities necessary for the removal and abandonment of an idled 
pipeline. The site includes approximately 1.22 acres of suitable upland 
habitat for the California tiger salamander. Of these 1.22 acres, the 
Service has designated 0.15 acre as critical habitat for the Santa 
Barbara County DPS of the California tiger salamander. The HCP includes 
avoidance and minimization measures for the covered species and 
mitigation

[[Page 11122]]

for unavoidable loss of suitable upland habitat by the funding of an 
appropriate mitigation project through a Service-approved third party 
mitigation and conservation account.

Preliminary Determinations

    The Service has made preliminary determinations that issuance of 
these incidental take permits 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 (NEPA; 42 U.S.C. 4321 et seq.), nor will they individually or 
cumulatively have more than a negligible effect on the species covered 
in the HCPs. The Service considers the impacts of the La Laguna Los 
Alamos Project on the California tiger salamander to be minor, as the 
project includes the permanent protection of 34 acres of suitable, 
high-quality habitat in a conservation easement. The Service considers 
the impacts of the Phillips 66 Idle Pipeline 352x4 Abandonment Project 
on the California tiger salamander to be minor, as the affected area is 
small (approximately 1.22 acres) and of low habitat quality. Therefore, 
based on this preliminary determination, both permits qualify for a 
categorical exclusion under NEPA.

Public Comments

    If you wish to comment on the permit applications, draft HCPs, or 
associated documents, you may submit comments by one of the methods in 
ADDRESSES.
    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).

Stephen Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2019-05613 Filed 3-22-19; 8:45 am]
 BILLING CODE 4333-15-P