[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Notices]
[Pages 6538-6539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01941]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2024-0002; FXES11140800000-245-FF08EVEN00]


Endangered and Threatened Wildlife and Plants; Proposed Safe 
Harbor Agreement and Proposed Categorical Exclusion; Los Robles Ranch, 
Santa Barbara County, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; receipt of permit application.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of an application for an enhancement of survival permit 
pursuant to the Endangered Species Act. As part of the application, the 
applicant submitted a proposed safe harbor agreement. The Service 
prepared a draft screening form in accordance with the National 
Environmental Policy Act to evaluate the potential effects of the 
specific project to the natural and human environment. We invite the 
public and local, State, Tribal, and Federal agencies to comment on 
these documents. Before issuing the requested permit, we will take into 
consideration any information that we receive during the public comment 
period.

DATES: Written comments should be received on or before March 4, 2024.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the documents, and 
any comments and other materials that we receive, in Docket No. FWS-R8-
ES-2024-0002 at https://www.regulations.gov.
    Submitting Comments: You may submit comments on the documents, and 
any comments and other materials that we receive, by one of the 
following methods:
     Online: https://www.regulations.gov. Search for and submit 
comments on Docket No. FWS-R8-ES-2024-0002.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-

[[Page 6539]]

ES-2024-0002; U.S. Fish and Wildlife Service Headquarters, MS: PRB/3W; 
5275 Leesburg Pike; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Eric Morrissette, Fish and Wildlife 
Biologist, via email at [email protected], by telephone at 805-
644-1766, or by mail to the U.S. Fish and Wildlife Service, 2493 
Portola Road, Suite 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 an application for an 
enhancement of survival permit pursuant to section 10(a)(1)(A) of the 
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.). As part of the application, the applicant developed and 
submitted the proposed Safe Harbor Agreement for the California Tiger 
Salamander and Western Spadefoot at Los Robles Ranch in Santa Barbara 
County, California (SHA), which describes activities associated with 
the maintenance, enhancement, and restoration of habitat; ongoing legal 
land use such as ranching or farming; and other covered activities, 
including the potential future return of any enrolled lands to the 
baseline condition. 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.
    If the requested enhancement of survival permit is approved, it 
would authorize the applicant to incidentally take the federally 
endangered Santa Barbara County distinct population segment (DPS) of 
the California tiger salamander (Ambystoma californiense) and the 
federally ``at-risk'' western spadefoot (Spea hammondii) during 
implementation of activities associated with the maintenance, 
enhancement, and restoration of habitat; ongoing legal land use such as 
ranching or farming; and other covered activities, including the 
potential future return of any enrolled lands to the baseline (pre-
agreement) condition. 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). The 
western spadefoot has no current official status under the ESA, but is 
under review for listing and is referred to as an at-risk species. 
Section 9 of the ESA prohibits ``take'' of fish and wildlife species 
listed as threatened or endangered (16 U.S.C. 1538), where 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) of 
the ESA, we may issue permits to authorize take of listed fish and 
wildlife species. Regulations governing incidental take permits for 
endangered and threatened species are in the Code of Federal 
Regulations (CFR) at 50 CFR 17.22 and 17.32, respectively.
    Under a SHA, participating landowners voluntarily undertake 
conservation and management activities on their properties to benefit 
species listed under the ESA. Enhancement of survival permits are 
issued to applicants in association with approved SHAs to authorize 
take of the covered species from covered activities on the enrolled 
lands that are identified in the SHA. Covered activities are those 
beneficial or otherwise lawful actions that could cause take of a 
covered species and for which take is authorized by a permit under 50 
CFR 17.22a(c). Under a SHA, the Service may authorize incidental taking 
of a covered species at a level that enables the participating 
landowner ultimately to return the enrolled property back to agreed-
upon baseline conditions. Through the SHA and the associated 
enhancement of survival permit, the Service also provides assurances to 
enrolled property owners that additional land, water, and/or natural 
resource use restrictions will not be imposed as a result of their 
voluntary conservation actions.

Applicant's Proposed Activities

    The proposed action involves the issuance of an enhancement of 
survival permit to the applicant in association with the implementation 
of the SHA. The enhancement of survival permit would authorize 
incidental take that may result from the implementation of the proposed 
conservation and management activities on the enrolled property during 
a 30-year permit term, with an option to return the property to the 
baseline condition at the conclusion of the permit.

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 17.32) and the National Environmental Policy Act (42 
U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1506.6).

Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2024-01941 Filed 1-31-24; 8:45 am]
BILLING CODE 4333-15-P