Notice2023-00291
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 10, 2023
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 6 (Tuesday, January 10, 2023)</title>
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[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Notices]
[Pages 1400-1401]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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:
<bullet> Online: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments on Docket No. FWS-R8-ES-2022-0149.
<bullet> 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 <a href="/cdn-cgi/l/email-protection#771d180412071f281505161913033711000459101801"><span class="__cf_email__" data-cfemail="0862677b6d7860576a7a69666c7c486e7f7b266f677e">[email protected]</span></a> 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]
BILLING CODE 4333-15-P
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