Draft Categorical Exclusion and Draft General Conservation Plan for Cultivation Activities in Santa Barbara County, California

Published date05 August 2019
Citation84 FR 38038
Record Number2019-16626
SectionNotices
CourtFish And Wildlife Service,Interior Department
Federal Register, Volume 84 Issue 150 (Monday, August 5, 2019)
[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]
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                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.
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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 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: [email protected].
                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
                

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