[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Notices]
[Pages 31899-31900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11227]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2022-0051; FXES11140800000-223-FF08EVEN00]


Receipt of Incidental Take Permit Application and Proposed 
Habitat Conservation Plan for California Tiger Salamander and 
California Red-Legged Frog; Monterey County, CA; Categorical Exclusion

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt 
of an application from Mike Knoop and Michelle Wright (applicants) for 
an incidental take permit (ITP) under the Endangered Species Act. The 
applicants request the ITP to take the federally listed California 
tiger salamander and California red-legged frog, incidental to the 
development of a single-family residence in Carmel Valley, California. 
We request public comment on the ITP application, which includes the 
applicants' proposed habitat conservation plan (HCP), and on the 
Service's preliminary determination that this HCP qualifies as ``low 
effect,'' categorically excluded under the National Environmental 
Policy Act. To make this determination, we used our environmental 
action statement and low-effect screening form, both of which are also 
available for public review.

DATES: Written comments should be received on or before June 24, 2022.

ADDRESSES: 
    To obtain documents: You may obtain copies of the documents online 
in Docket No. FWS-R8-ES-2022-0051 at https://www.regulations.gov, or 
you may request copies of the documents by email, phone, or U.S. mail 
(see FOR FURTHER INFORMATION CONTACT).
    To submit comments: If you wish to submit comments on any of the 
documents, you may do so in writing by any one of the following 
methods:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2022-0051.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2022-0051; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 
Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Karen Sinclair, Biologist, by email at 
[email protected], by phone at 805-677-3315, or by U.S. mail at 
the Ventura Fish and Wildlife Office, 2493 Portola Rd #B, Ventura, CA 
93003.
    Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the availability of a draft habitat conservation 
plan (HCP) and draft screening form for a low-effect incidental take 
permit (ITP) determination, and a National Environmental Policy Act 
(NEPA) environmental action statement (screening form) for activities 
described in an application for an incidental take permit (ITP) under 
the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.). The application was received from Mike Knoop and Michelle Wright 
(applicants). If granted, the permit would authorize take of the 
federally threatened California tiger salamander (Ambystoma 
californiense) and California red-legged frog (Rana draytonii) 
incidental to activities described in the HCP for the construction of a 
single-family residence, within Monterey County Parcels 187-021-040 and 
187-021-041, and driveway improvements within adjacent parcels 187-021-
028 and 187-021-013, in the northern foothills of Carmel Valley, 
California. The applicants developed a draft HCP as part of their 
application for an ITP under section 10(a)(1)(B) of the ESA. The 
Service prepared a draft screening form in accordance with 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 applicants. 
We

[[Page 31900]]

invite public comment on these documents.

Background

    The California tiger salamander was listed as threatened on August 
8, 2004 (69 FR 47212), and the California red-legged frog was listed as 
threatened on May 23, 1996 (61 FR 25813). Section 9 of the ESA 
prohibits the ``take'' of fish or wildlife species listed as 
endangered. Pursuant to section 4(d) of the ESA, the take prohibition 
was extended by regulation to certain threatened species, including, as 
applicable here, the California tiger salamander and California red-
legged frog. ``Take'' is defined under the ESA 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); however, under section 10(a)(1)(B) of the ESA, 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. 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)).

Applicants' Proposed Activities

    The applicants have applied for a 10-year-term permit for 
incidental take of the California tiger salamander and the California 
red-legged frog. The take would occur in association with the 
construction of a single-family home and associated activities, such as 
vegetation removal, site grubbing, and grading for proposed 
development. The proposed development, including the home, 
infrastructure, driveway improvements, utility expansions, detached 
underground guest suite, underground garage and utility room, an 
equipment room, retaining wall and patios, and all associated 
disturbance areas, would be sited on approximately 2.39 acres (ac) of 
the 265-ac property. Approximately 2.60 ac would be temporarily 
impacted and would be restored to pre-construction conditions. To 
mitigate the effects of permanent impacts and the taking of California 
tiger salamander and the California red-legged frog, the applicants 
propose to purchase 9.56 ac of credits at the Sparling Ranch 
Conservation Bank in Santa Clara and San Benito Counties.
    The HCP includes avoidance and minimization measures for the 
California tiger salamander and the California red-legged frog and 
mitigation for unavoidable loss of habitat. The applicants' 
conservation strategy includes an on-site re-vegetation plan to restore 
temporarily impacted habitat suitable for California tiger salamanders 
and California red-legged frogs through removal of nonnative plants, 
planting and seeding of locally occurring native grassland species, and 
a monitoring program that describes monitoring efforts and contingency 
plans if success criteria are not met.

Public Comments

    If you wish to comment on the draft HCP and low-effect ITP 
screening form, 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. 2022-11227 Filed 5-24-22; 8:45 am]
BILLING CODE 4333-15-P