[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Notices]
[Pages 71597-71598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22808]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2023-0156; FXES11140800000-190-FF08EVEN00]
Draft Categorical Exclusion and Draft General Conservation Plan
for Amphibians in Southern Santa Cruz 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 (Service), announce the
availability of a draft general conservation plan (GCP), as well as an
associated draft categorical exclusion (CatEx), for development
activities in Santa Cruz County, California. The Service developed the
GCP in accordance with the Endangered Species Act to provide a
streamlined mechanism for proponents engaged in activities associated
with residential development and associated infrastructure,
construction and maintenance on public lands, and habitat restoration,
to meet statutory and regulatory requirements while promoting
conservation of the California red-legged frog, California tiger
salamander, and Santa Cruz long-toed salamander. The Service also
prepared the draft CatEx in accordance with the National Environmental
Policy Act to evaluate the potential effects to the natural and human
environment resulting from issuing permits under the GCP. We invite
comment on these documents from agencies, Tribes, and the public.
DATES: Written comments should be received on or before November 16,
2023.
ADDRESSES:
Obtaining Documents: The documents this notice announces, as well
as any comments and other materials that we receive, will be available
for public inspection online in Docket No. FWS-R8-ES-2023-0156 at
https://www.regulations.gov.
Submitting Comments: If you wish to submit comments on any of the
documents, you may do so in writing by any of the following methods:
Online: https://www.regulations.gov. Follow the
instructions for submitting comments on Docket No. FWS-R8-ES-2023-0156.
U.S. mail: Public Comments Processing; Attn: Docket No.
FWS-R8-ES-2023-0156; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275
Leesburg Pike; Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Chad Mitcham, Fish and Wildlife
Biologist, by email at [email protected], or by telephone at 805-
644-1766. 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 general conservation
plan (GCP) and the associated draft categorical exclusion (CatEx), for
development activities in Santa Cruz County. The draft GCP was
developed by the Service in accordance with section 10(a)(2)(A) of the
Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et
seq.). The GCP meets the issuance criteria as required by section
10(a)(2)(B) of the Act for issuance of a section 10(a)(1)(B) incidental
take permit (ITP). The Service developed the GCP to provide a
streamlined mechanism for proponents engaged in activities associated
with the construction and maintenance of residential dwellings and
associated infrastructure, construction, and maintenance on public
lands, such as roads, drainages, and parks, and habitat restoration, to
meet statutory and regulatory requirements while promoting conservation
of the California red-legged frog (Rana draytonii), California tiger
salamander (Ambystoma californiense), and Santa Cruz long-toed
salamander (Ambystoma macrodactylum croceum). Permits issued under the
GCP would authorize incidental take of the covered species for up to 5
years after each respective permit is issued. The GCP would authorize
incidental take of the covered species, via permanent habitat loss,
within 90 acres (ac) of the approximate 14,314-ac plan area in southern
Santa Cruz County. The Service prepared the draft CatEx 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 permits under the GCP. We
invite comment on the GCP
[[Page 71598]]
and associated documents from agencies, Tribes, and the public.
Background
The Service listed the California red-legged frog as threatened on
May 23, 1996 (61 FR 25813), the California tiger salamander as
threatened on August 4, 2004 (69 FR 47212), and the Santa Cruz long-
toed salamander as endangered on March 11, 1967 (32 FR 4001). Section 9
of the Act and its implementing regulations prohibit the take of fish
or wildlife species listed as endangered or threatened. ``Take'' is
defined under the Act 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 Act, we may issue
permits to authorize incidental take of listed species. ``Incidental
take'' is defined by the Act as take that is incidental to, and not the
purpose of, carrying out of an otherwise lawful activity. Regulations
governing incidental take permits for threatened and endangered species
are, respectively, in the Code of Federal Regulations (CFR) at 50 CFR
17.32 and 17.22. Issuance of an incidental take permit also must not
jeopardize the existence of federally listed fish, wildlife, or plant
species. All species included in an incidental take permit would
receive assurances under our ``No Surprises'' regulations (50 CFR
17.22(b)(5) and 17.32(b)(5)).
The proposed action is approval of the GCP and subsequent issuance
of incidental take permits. The Service prepared the GCP to provide a
more efficient and standardized mechanism for proponents engaged in
activities associated with the construction and maintenance of
residential dwellings and associated infrastructure, construction and
maintenance on public lands such as roads, drainages, and parks, and
habitat restoration on non-Federal lands. The GCP meets permit issuance
criteria as required by section 10(a)(2)(B) of the Act and enables
implementation of a programmatic permitting and conservation process to
address a suite of proposed activities over a defined planning area.
The proposed GCP would allow private individuals, local and State
agencies, and other non-Federal entities to meet the statutory and
regulatory requirements of the Act by applying for permits and
complying with the requirements of the GCP, including all applicable
avoidance, minimization, and mitigation actions.
Our Preliminary Determination Under the National Environmental Policy
Act
The Service has made a preliminary determination that GCP issuance
and the subsequent issuance of permits under the GCP is neither a major
Federal action that will significantly affect the quality of the human
environment within the meaning of section 102(2)(C) of the National
Environmental Policy Act (NEPA), nor will it individually or
cumulatively have more than a negligible effect on the species covered
in the GCP. Therefore, the Service anticipates GCP issuance qualifies
for a categorical exclusion pursuant to the Council on Environmental
Quality's National Environmental Policy Act (NEPA) regulations (40 CFR
1501.4), the Department of the Interior's (DOI) NEPA regulations (43
CFR 46), and the DOI's Departmental Manual (516 DM 8.5(C)(2)).
Public Comments
If you wish to comment on the GCP and associated documents, you may
submit comments by any one of the methods in ADDRESSES.
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
The Service provides this notice under section 10(c) of the
Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing
regulations (50 CFR 17.32) and the National Environmental Policy Act
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 1500-
1508 and 43 CFR 46).
Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura,
California.
[FR Doc. 2023-22808 Filed 10-16-23; 8:45 am]
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