[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Pages 16278-16279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07723]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2018-N030; FXES11140800000-190-FF08EVEN00]


Habitat Conservation Plan for the California Tiger Salamander; 
Categorical Exclusion, 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 Mr. Mario Martinez for an incidental take 
permit under the Endangered Species Act of 1973, as amended. The 
permit, if issued, would authorize take of the federally endangered 
California tiger salamander (Santa Barbara County distinct population 
segment) incidental to otherwise lawful activities associated with the 
applicant's draft habitat conservation plan. We invite public comment.

DATES: Written comments should be received on or before May 20, 2019.

ADDRESSES: 
    Obtaining 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 U.S. mail (below) or by phone (see FOR 
FURTHER INFORMATION CONTACT).
    Submitting Written Comments: Please send us your written comments 
using one of the following methods:
     U.S. Mail: Stephen P. Henry, Field Supervisor, Ventura 
Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola 
Road, Suite B, Ventura, CA 93003.
     Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Rachel Henry, Fish and Wildlife 
Biologist, by phone at 805-677-3312, via the Federal Relay Service at 
1-800-877-8339 for TTY assistance, or at the Ventura address (see 
ADDRESSES).

SUPPLEMENTARY INFORMATION: We have received an application for an 
incidental take permit pursuant to section 10(a)(1)(B) of the 
Endangered Species Act, as amended (ESA; 16 U.S.C. 1531 et seq.). The 
applicant has developed a draft habitat conservation plan (HCP) for the 
project that includes measures to mitigate and minimize impacts to the 
federally endangered Santa Barbara County distinct population segment 
(DPS) of the California tiger salamander (Ambystoma californiense). The 
permit would authorize take of the Santa Barbara County DPS of the 
California tiger salamander incidental to otherwise lawful activities 
associated with the 2650 East Clark Avenue HCP. We invite public 
comment on draft HCP, draft low-effect screening form, and 
environmental action statement.

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 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

[[Page 16279]]

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. 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) and 
17.32(b)(5)) regarding conservation activities for the Santa Barbara 
County DPS of the California tiger salamander.

Applicant's Proposed Activities

    The applicant has applied for a permit for incidental take of the 
Santa Barbara County DPS of the California tiger salamander. Take is 
likely to occur in association with activities necessary to develop the 
covered lands that involves land-clearing, ripping, plowing, other soil 
cultivation techniques, and construction of structures and hardscape 
features. The covered area includes approximately 12 acres of suitable 
upland habitat for the California tiger salamander. The covered area 
has no designated critical habitat for the California tiger salamander. 
The HCP includes avoidance and minimization measures for the California 
tiger salamander and mitigation for unavoidable loss of suitable upland 
habitat through the funding of an appropriate mitigation project 
through a Service-approved third party mitigation and conservation 
account.

Our Preliminary Determination

    The Service 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 NEPA (42 U.S.C. 4321 et seq.), nor will 
it individually or cumulatively have more than a negligible effect on 
the Santa Barbara County DPS of the California tiger salamander. The 
Service considers the effects of the taking of the Santa Barbara County 
DPS of the California tiger salamander to be minor because the affected 
area is small and of low habitat quality. Therefore, based on this 
preliminary determination, 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.
    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. 2019-07723 Filed 4-17-19; 8:45 am]
 BILLING CODE 4333-15-P