[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Notices]
[Pages 20295-20296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07574]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2020-N060; FXES11140800000-190-FF08EVEN00]
Draft Categorical Exclusion and Draft Los Alamos Conservation
Plan for Cultivation Activities in 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 (Service), announce the
availability of a draft conservation plan (plan), as well as the
associated draft categorical exclusion (CatEx), for cultivation
activities within and around Los Alamos in Santa Barbara County,
California. The Service developed the plan in accordance with the
Endangered Species Act to provide a streamlined mechanism for
proponents engaged in activities associated with agricultural
development, to meet statutory and regulatory requirements while
promoting conservation of the Santa Barbara County distinct population
segment of the California tiger salamander. The Service 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 plan. We invite public comment
on these documents.
DATES: Written comments should be received on or before May 11, 2020.
ADDRESSES: Obtaining Documents: You may download a copy of the draft
plan and draft CatEx at http://www.fws.gov/ventura/, 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:
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.
Email: rachel_henry@fws.gov.
FOR FURTHER INFORMATION CONTACT: Rachel Henry, Fish and Wildlife
Biologist, by phone at 805-677-3312, via the Federal Relay Service at
1-800-877-8339 for TTY assistance, or at the Ventura address (see
ADDRESSES).
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the availability of a draft conservation plan
(plan), as well as the associated draft categorical exclusion (CatEx),
for cultivation activities within and around Los Alamos in Santa
Barbara County California. We invite public comment on these documents.
Draft General Conservation Plan
The draft conservation plan was developed by the Service in
accordance with section 10(a)(2)(A) of the Endangered Species Act of
1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The plan meets the
issuance criteria as required by section 10(a)(2)(B) of the ESA for
issuance of a section 10(a)(1)(B) incidental take permit (ITP). The
Service developed the plan to provide a streamlined mechanism for
proponents engaged in activities associated with the installation and
operation of vineyards, crops, and other agricultural development, to
meet statutory and regulatory requirements while promoting conservation
of the Santa Barbara County distinct population segment (DPS) of the
California tiger salamander (Ambystoma californiense). Permits issued
under the plan would authorize incidental take of the Santa Barbara
County DPS of the California tiger salamander for up to 20 years after
the plan becomes effective.
[[Page 20296]]
Draft Categorical Exclusion
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 plan.
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 and its implementing regulations prohibit the
take of fish or wildlife species listed as endangered or 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, we may issue
permits to authorize incidental take of listed species. ``Incidental
take'' is defined by the ESA 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 in the Code of Federal Regulations (CFR) at 50 CFR 17.32 and 17.22,
respectively. Issuance of an incidental take permit also must not
jeopardize the existence of federally listed fish, wildlife, or plant
species. The permittees would receive assurances under our ``No
Surprises'' regulations ((50 CFR 17.22(b)(5) and 17.32(b)(5)) regarding
conservation activities for the Santa Barbara County DPS of the
California tiger salamander.
Proposed Action
The proposed action is approval of the plan and subsequent issuance
of permits. The Service prepared the plan to provide a more efficient
and standardized mechanism for proponents in activities associated with
the installation and operation of vineyards, crops, and other
agricultural development on non-Federal lands. The plan meets the
permit issuance criteria as required by section 10(a)(2)(B) of the ESA
and enables the construct of a programmatic permitting and conservation
process to address a defined suite of proposed activities over a
defined planning area. The proposed plan would allow private
individuals, local and State agencies, and other non-Federal entities
to meet the statutory and regulatory requirements of the ESA by
applying for permits and complying with the requirements of the plan,
including all applicable avoidance, minimization, and mitigation
actions.
The draft CatEx provides the required NEPA documentation for the
proposed Federal action, which is approval of a conservation plan and
subsequent issuance of permits pursuant to section 10(a)(1)(B) of the
ESA. The CatEx also provides baseline environmental information, and a
discussion of impacts to the human and natural environment that may
occur as a result of implementation of the proposed plan.
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 17.32)
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. 2020-07574 Filed 4-9-20; 8:45 am]
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