Endangered and Threatened Wildlife and Plants; Proposed Safe Harbor Agreement and Proposed Categorical Exclusion; Los Robles Ranch, Santa Barbara County, CA
Primary source
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Issuing agencies
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 22 (Thursday, February 1, 2024)</title>
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[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Notices]
[Pages 6538-6539]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Submitting Comments: You may submit comments on the documents, and
any comments and other materials that we receive, by one of the
following methods:
<bullet> Online: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Search for and submit
comments on Docket No. FWS-R8-ES-2024-0002.
<bullet> 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 <a href="/cdn-cgi/l/email-protection#a6c3d4cfc5f9cbc9d4d4cfd5d5c3d2d2c3e6c0d1d588c1c9d0"><span class="__cf_email__" data-cfemail="80e5f2e9e3dfedeff2f2e9f3f3e5f4f4e5c0e6f7f3aee7eff6">[email protected]</span></a>, 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
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