[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Page 26063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10045]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2020-N110; FXES11140800000-201-FF08EVEN00]


Endangered and Threatened Wildlife and Plants; Draft Habitat 
Conservation Plan and Draft Categorical Exclusion for the Santa Barbara 
County Distinct Population Segment of the California Tiger Salamander; 
Orcutt Hill Resource and Solar Project, Pacific Coast Energy Company, 
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), announce the 
availability of a draft habitat conservation plan (HCP) and draft 
categorical exclusion (CatEx) for activities described in an 
application for an incidental take permit (ITP) under the Endangered 
Species Act of 1973, as amended. The ITP would authorize take of the 
Santa Barbara County distinct population segment of the California 
tiger salamander incidental to activities associated with oil 
production facilities and a solar photovoltaic system near the city of 
Orcutt in Santa Barbara County, California. The applicant developed the 
draft HCP as part of their application for an ITP. The Service prepared 
a draft CatEx in accordance with the National Environmental Policy Act 
to evaluate the potential effects to the natural and human environment 
resulting from issuing an ITP to the applicant. We invite public 
comment on these documents.

DATES: Written comments should be received on or before June 11, 2021.

ADDRESSES: 
    Obtaining Documents: You may download a copy of the draft HCP and 
draft CatEx at http://www.fws.gov/ventura/, or you may request copies 
of the documents by U.S. mail (below) or by email (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 email, via the Federal Relay Service at 1-800-877-8339 
for TTY assistance, or by mail at the Ventura address (see ADDRESSES).

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the availability of a draft habitat conservation 
plan (HCP) and draft categorical exclusion (CatEx) with an application 
for an incidental take permit (ITP) by Pacific Coast Energy Company, 
LLC (applicant). The ITP would authorize take of the federally 
endangered Santa Barbara County distinct population segment (DPS) of 
the California tiger salamander (Ambystoma californiense) incidental to 
activities described in the HCP for activities associated with the 
operation and maintenance of existing ongoing oil production facilities 
and operations; the maintenance and management of 101 seep cans; the 
installation, maintenance, and management of future seep cans; and the 
installation, operation, and maintenance of a solar photovoltaic system 
near the City of Orcutt in Santa Barbara County, California. The 
applicant developed a draft HCP as part of the application for an ITP 
under section 10(a)(1)(B) of the Endangered Species Act of 1973, as 
amended (ESA; 16 U.S.C. 1531 et seq.). The Service prepared a draft 
CatEx in accordance with the National Environmental Policy Act of 1969 
(NEPA; 42 U.S.C. 4321 et seq.) to evaluate the potential effects to the 
natural and human environment resulting from issuing an ITP to the 
applicant. We invite public comment on these documents.

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 prohibits take of fish and wildlife species listed 
as endangered (16 U.S.C. 1538). Under the ESA, ``take'' is defined to 
include the following activities: ``to 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). Under section 10(a)(1)(B) of 
the ESA (16 U.S.C. 1539(a)(1)(B)), we may issue permits to authorize 
take of listed fish and wildlife species that is incidental to, and not 
the purpose of, carrying out an otherwise lawful activity. Regulations 
governing incidental take permits for endangered species are in the 
Code of Federal Regulations (CFR) at 50 CFR 17.22. Issuance of an ITP 
also must not jeopardize the existence of federally listed fish, 
wildlife, or plant species, pursuant to section 7 of the ESA and 50 CFR 
402.02. The permittee would receive assurances under our ``No 
Surprises'' regulations (50 CFR 17.22(b)(5)).

Proposed Activities

    The applicant has applied for a permit for incidental take of the 
Santa Barbara County DPS of the California tiger salamander. The take 
would occur in association with the operation and maintenance of 
existing ongoing oil production facilities and installation, operation, 
and maintenance of a solar photovoltaic system.
    The HCP includes avoidance and minimization measures for the Santa 
Barbara County DPS of the California tiger salamander and mitigation 
for unavoidable loss of habitat. As mitigation for habitat loss, the 
applicant proposes to establish a conservation easement within an area 
that is known to support the Santa Barbara County DPS of the California 
tiger salamander or purchase credits from a Service-approved mitigation 
bank.

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(c) of the ESA (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22) and NEPA 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 
1506.6).

Stephen Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2021-10045 Filed 5-11-21; 8:45 am]
BILLING CODE 4333-15-P