[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Notices]
[Pages 30513-30514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10716]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2022-0038; FXES11140800000-223-FF08EVEN00]


Habitat Conservation Plan for Three Species in Los Alamos, 
California; Categorical Exclusion for the Legacy Homes Development 
Project; Santa Barbara County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for public comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (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 
federally threatened California red-legged frog, endangered California 
tiger salamander (Santa Barbara County distinct population segment), 
and non-listed western spadefoot toad, incidental to activities 
associated with the Legacy Homes Tract No. 14608 Development Project. 
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 June 21, 2022.

ADDRESSES: To obtain documents: You may obtain copies of the documents 
online in Docket No. FWS-R8-ES-2022-0038 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).
    To submit comments: If you wish to submit comments on any of the 
documents, you may do so in writing by any of the following methods:
    <bullet> Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2022-0038.
    <bullet> U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2022-0038; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 
Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Amy Hughes, Fish and Wildlife 
Biologist, <a href="/cdn-cgi/l/email-protection#d0b1bda98fb8a5b7b8b5a390b6a7a3feb7bfa6"><span class="__cf_email__" data-cfemail="ccada1b593a4b9aba4a9bf8caabbbfe2aba3ba">[email protected]</span></a> (by email), or at the Ventura Fish and 
Wildlife office (by telephone at 805-644-1766, or by mail; see 
ADDRESSES). 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 (HCP) and draft low-effect screening form and environmental action 
statement for activities associated with an application

[[Page 30514]]

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 applicant has developed a draft habitat conservation plan 
(HCP) that includes measures to minimize, avoid, and mitigate impacts 
to the federally threatened California red-legged frog (Rana 
draytonii), the federally endangered California tiger salamander 
(Ambystoma californiense), and the non-listed western spadefoot toad 
(Spea hammondii). The permit would authorize take of any of the three 
species incidental to otherwise lawful activities associated with the 
draft HCP for the Legacy Homes Tract No. 14608 Development Project. 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 public comment on these documents.

Background

    The Service listed the California red-legged frog as threatened on 
May 23, 1996 (61 FR 25813), and the California tiger salamander as 
endangered on September 21, 2000 (65 FR 57242). The western spadefoot 
toad is currently under the Service's review for listing pursuant to 
the ESA (80 FR 37568). Section 9 of the ESA (16 U.S.C. 1538) prohibits 
the ``take'' of fish or wildlife species listed as endangered; by 
regulation, the Service may extend the take prohibition to fish or 
wildlife species listed as threatened. ``Take'' is defined under the 
ESA to include the following activities: ``[T]o 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); however, under section 
10(a)(1)(B) of the ESA (16 U.S.C. 1539(a)(1)(B)), we may issue permits 
to authorize incidental take of listed wildlife species. Incidental 
take is take that is incidental to, and not the purpose of, carrying 
out an otherwise lawful activity. Regulations governing incidental take 
permits for endangered and threatened wildlife are in the Code of 
Federal Regulations (CFR) at 50 CFR 17.22 and 17.32, respectively. 
Issuance of an incidental take permit also must not jeopardize the 
existence of federally listed fish, wildlife, or plant species.

Proposed Project Activities

    Legacy Homes has applied for a permit for incidental take of the 
California red-legged frog, California tiger salamander, and western 
spadefoot toad. The take would occur in association with activities 
including the conversion of agricultural land to a 59-lot residential 
development prepared for future home construction, within a 16.67-acre 
project area. The project area does not contain suitable aquatic 
habitat for any of the three species, but individuals may use the area 
as dispersal or upland habitat, as there are aquatic features within 
the dispersal distances of all species from the project site. The HCP 
includes avoidance and minimization measures for the California red-
legged frog, California tiger salamander, and western spadefoot toad as 
well as mitigation for unavoidable loss of suitable habitat through the 
purchase of conservation credits at a Service-approved conservation 
bank and species account.

Public Comments

    If you wish to comment on the draft HCP and categorical exclusion 
screening form, you may submit comments by one of the methods in 
ADDRESSES.
    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 of the ESA (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2022-10716 Filed 5-18-22; 8:45 am]
BILLING CODE 4333-15-P


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