[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Notices]
[Pages 38038-38039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16626]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2019-N063; FXES11140800000-190-FF08EVEN00]
Draft Categorical Exclusion and Draft General Conservation Plan
for Cultivation Activities in Santa Barbara County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of a draft general conservation plan (GCP), as well as the
associated draft categorical exclusion (CatEx), for cultivation
activities in Santa Barbara 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 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
GCP. We invite public comment on these documents.
DATES: Written comments should be received on or before September 4,
2019.
ADDRESSES: Obtaining Documents: You may download a copy of the draft
GCP 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: sbc-cultivationgcp@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 general conservation
plan (GCP), as well as the associated draft categorical exclusion
(CatEx), for cultivation activities in Santa Barbara County. We invite
public comment on these documents.
Draft General Conservation Plan
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
(ESA; 16
[[Page 38039]]
U.S.C. 1531 et seq.). The GCP 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 GCP to provide
a streamlined mechanism for proponents engaged in 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 GCP 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.
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 GCP.
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 GCP and subsequent issuance
of permits. The Service prepared the GCP 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 GCP 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 GCP 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 GCP,
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 GCP.
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. 2019-16626 Filed 8-2-19; 8:45 am]
BILLING CODE 4333-15-P