[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1400-1401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00291]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2022-0149; FXES11140800000-223-FF08EVEN0]


Draft Habitat Conservation Plan and Draft Categorical Exclusion 
for the Santa Barbara County Distinct Population Segment of the 
California Tiger Salamander; Kelt Reservoir Project, Santa Barbara 
County, CA

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, announce the 
availability of a draft habitat conservation plan (HCP) and draft 
categorical exclusion (CatEx) for activities associated with an 
application for an incidental take permit (ITP) under the Endangered 
Species Act. The ITP would authorize take of the Santa Barbara County 
distinct population segment of the California tiger salamander 
incidental to activities associated with Golden State Water Company's 
(applicant) Kelt Reservoir Project in Orcutt, Santa Barbara County, 
California. The applicant developed the draft HCP as part of their 
application for an ITP. The Service prepared a draft low-effect 
screening form and environmental action statement 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 comments from the public and Federal, Tribal, 
State, and local governments.

DATES: Written comments should be received on or before February 9, 
2023.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the documents online 
in Docket No. FWS-R8-ES-2022-0149 at https://www.regulations.gov, 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:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2022-0149.
     U.S. Mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2022-0149; U.S. Fish and Wildlife Service; MS: PRB/3W, 5275 
Leesburg Pike; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Joseph Brandt, Fish and Wildlife 
Biologist, by email at [email protected] or via phone at (805) 677-
3324. 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 and draft low-effect screening form and environmental action 
statement for activities associated with an application for an 
incidental take permit under section 10(a)(1)(B) of the Endangered 
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The ITP 
would authorize take of the Santa Barbara County distinct population 
segment (DPS) of the California tiger salamander (Ambystoma 
californiense) incidental to activities

[[Page 1401]]

associated with the construction of two water tanks over a 7.15-acre 
(ac) project site in Orcutt, Santa Barbara County, California. The 
project site incorporates a 1.3-mile waterline segment, two water 
tanks, and an existing staging area. The waterline segment will be 
constructed within an existing road and will not impact California 
tiger salamander upland or aquatic habitats. The water tanks will be 
constructed on 0.68 ac of undeveloped lands that support annual 
grasslands and coyote brush scrub. The water tank site supports 
suitable California tiger salamander upland habitat. The applicant 
developed the draft HCP as part of their application for an ITP. The 
Service prepared a draft low-effect screening form and environmental 
action statement 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 comments from the public and Federal, 
Tribal, State, and local governments on all of 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 construction of two water tanks 
permanently impacting 0.68 ac in Orcutt, Santa Barbara County, 
California, over a 7.15-acre (ac) project site in Orcutt, Santa Barbara 
County, California. The project site incorporates a 1.3-mile waterline 
segment, two water tanks, and an existing staging area. The waterline 
segment will be constructed within an existing road and will not impact 
California tiger salamander upland or aquatic habitats. The water tanks 
will be constructed on 0.68 ac of undeveloped lands that support annual 
grasslands and coyote brush scrub that supports suitable California 
tiger salamander upland habitat.
    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, the applicant proposes 
to purchase credits from a Service-approved conservation 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 Endangered 
Species Act (16 U.S.C. 1531 et seq.) and its implementing regulations 
(50 CFR 17.22), and National Environmental Policy Act (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. 2023-00291 Filed 1-9-23; 8:45 am]
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