[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Notices]
[Pages 20881-20882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07579]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2021-N175; FXES11140800000-212-FF08EVEN00]


Endangered and Threatened Wildlife and Plants; Draft Habitat 
Conservation Plan and Draft Categorical Exclusion for the California 
Red-Legged Frog and the Southwestern Pond Turtle; Tajiguas Landfill and 
ReSource Center Project, Santa Barbara County, California

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 of 1973, as amended. The ITP would authorize take of the 
California red-legged frog and southwestern pond turtle incidental to 
activities associated with the operations, maintenance, and closure of 
the Tajiguas Landfill and ReSource Center in 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 public comment on these documents.

DATES: Written comments should be received on or before May 9, 2022.

ADDRESSES: 
    Obtaining Documents: You may download a copy of the draft HCP and 
draft CatEx at https://regulations.gov/, or you may request copies of 
the documents by U.S. mail (below) or by phone (see FOR FURTHER 
INFORMATION CONTACT).
    Submitting Written Comments: Please send us your written comments 
using one of the following methods:
    <bullet> U.S. mail: Stephen P. Henry, Field Supervisor, Ventura 
Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2493 Portola 
Road, Suite B, Ventura, CA 93003.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#0f64667d6d76506d6e7d7b636a7b7b4f69787c21686079"><span class="__cf_email__" data-cfemail="b1dad8c3d3c8eed3d0c3c5ddd4c5c5f1d7c6c29fd6dec7">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Kirby Bartlett, Fish and Wildlife 
Biologist, by email (see ADDRESSES), via phone at (805) 677-3307, via 
the Federal Relay Service at 1-800-877-8339 for TTY assistance, or by 
mail (see ADDRESSES).

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the availability of a draft habitat conservation 
plan (HCP) and draft low-effect screening form and environmental action 
statement for activities associated with an application for an 
incidental take permit (ITP) 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 California red-legged frog 
(Rana draytonii) and Southwestern pond turtle incidental to activities 
associated with continued operation of the Tajiguas Landfill including 
regular operations, maintenance and repair activities; operation and 
maintenance of the ReSource Center; construction of ancillary 
components of the ReSource Center; and closure and post closure 
maintenance of the Tajiguas Landfill. 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

[[Page 20882]]

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 public comment on all of these 
documents.

Background

    The Service listed the California red-legged frog as threatened on 
May 23, 1996 (61 FR 25813). The Service is currently evaluating 
southwestern pond turtle for listing following the filing of a petition 
to list this species (80 Federal Register [FR] 19259, April 10, 2015), 
and southwestern pond turtle is a California state species of special 
concern. 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 
California red-legged frog and southwestern pond turtle. The take would 
occur in association with the operations, maintenance, and closure of 
the Tajiguas Landfill and ReSource Center in Santa Barbara County, 
California.
    The HCP includes avoidance and minimization measures for the 
California red-legged frog and southwestern pond turtle and mitigation 
for unavoidable loss of habitat. As mitigation, the applicant proposes 
to protect 110-s of otherwise developable land adjacent to the Tajiguas 
Landfill with a conservation easement. The proposed conservation 
easement area is comprised of aquatic, adjacent upland, and dispersal 
habitat within California red-legged frog Critical Habitat Unit STB-6; 
including 3,500 linear feet of occupied California red-legged frog and 
southwestern pond turtle breeding habitat within Arroyo Quemado 
drainage.

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 ESA (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22) and NEPA 
(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. 2022-07579 Filed 4-7-22; 8:45 am]
BILLING CODE 4333-15-P


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